Professional Documents
Culture Documents
Tribal Police Department Operations Manual1 PDF
Tribal Police Department Operations Manual1 PDF
Mailing Address:
c/o Consulate of the Xi Anu Nation
MEMPHIS TENNESSEE
INDIAN COUNTRY 18 USC 1151
4704472069
MISSION:
To ensure that Tribal Governments and Aborigine Peoples in Indian country
continental America are capable of protecting themselves from any and all
encroachment moves and measures by non-tribal entities operating under color of
law outside international law and federal Indian law.
1
APPLICABLE LAW:
This Constitution, and the Laws of the United States which shall be made in Pursuance
thereof; and all Treaties made, or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the Judges in every State shall be bound
thereby, any Thing in the Constitution or Laws of any State to the Contrary
notwithstanding.
• 18 United States Code § 1151 (definition of Indian country). The law says:
Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian
country”, as used in this chapter, means:
(a) all land within the limits of any Indian reservation under the jurisdiction of the United
States Government, notwithstanding the issuance of any patent, and, including rights-of-
way running through the reservation,
(b) all dependent Indian communities within the borders of the United States whether
within the original or subsequently acquired territory thereof, and whether within or
without the limits of a state, and
(c) all Indian allotments, the Indian titles to which have not been extinguished, including
rights-of-way running through the same.
• 18 United States Code § 1152 (exclusive criminal jurisdiction over Indian affairs).
The law says:
Except as otherwise expressly provided by law, the general laws of the United States as to
the punishment of offenses committed in any place within the sole and exclusive
jurisdiction of the United States, except the District of Columbia, shall extend to the Indian
country.
This section shall not extend to offenses committed by one Indian against the person or
property of another Indian, nor to any Indian committing any offense in the Indian
country who has been punished by the local law of the tribe, or to any case where, by
treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the
Indian tribes respectively.
2
• 25 United States Code § 1301 which says:
(1) "Indian tribe" means any tribe, band, or other group of Indians subject to the
jurisdiction of the United States and recognized as possessing powers of self- government;
(2) "powers of self-government" means and includes all governmental powers possessed by
an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by
and through which they are executed, including courts of Indian offenses; and means the
inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal
jurisdiction over all Indians;
(3) "Indian court" means any Indian tribal court or court of Indian offense; and
(4) "Indian" means any person who would be subject to the jurisdiction of the United
States as an Indian under section 1153, Title 18, if that person were to commit an offense
listed in that section in Indian country to which that section applies.
A well regulated Militia, being necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.
• 28 United States Code § 1738: Full faith and credit shall be extended to tribal court
judgments.
• 18 United States Code § 2265: Full faith and credit shall be extended to tribal court
protective orders.
3
2) violate the right of the people to be secure in their persons, houses, papers, and effects
against unreasonable search and seizures, nor issue warrants, but upon probable cause,
supported by oath or affirmation, and particularly describing the place to be searched and
the person or thing to be seized;
3) subject any person for the same offense to be twice put in jeopardy
4) compel any person in any criminal case to be a witness against himself;
5) take any private property for a public use without just compensation;
6) deny to any person in a criminal proceeding the right to a speedy and public trial, to be
informed of the nature and cause of the accusation, to be confronted with the witness
against him, to have compulsory process for obtaining witnesses in his favor, and at his
own expense to have the assistance of a counsel for his defense;
7) require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and
in no event impose for conviction of any one offense any penalty or punishment greater
than imprisonment for a term of one year and a fine of $5,000, or both
8) deny to any person within its jurisdiction the equal protection of its laws or deprive any
person of liberty or property without due process of law
9) pass any bill of attainder or ex post facto law; or
10) deny to any person accused of an offense punishable by imprisonment the right, upon
request, to a trial by jury of not less than six persons.
• The Indian Tribal Justice Act of 1993 - which reaffirmed the responsibility of the
U.S. government to tribal governments, including the protection of the sovereignty of each
tribal government; and confirmed that Congress, through statutes, treaties and
administrative authorities, has recognized the self-determination, self-reliance and
inherent sovereignty of Indian tribes.
4
OPERATIONS MANUAL INDEX
INTRODUCTION
Section
100.0 GENERAL PROVISIONS
101.0 OBJECTIVES
102.0 PERSONAL CONDUCT
103.0 LAW ENFORCEMENT COMMUNITY INTERACTION
104.0 COMMUNITY AFFAIRS 105.0
LAW ENFORCEMENT OPERATIONS
Section
200.0 CHIEF OF POLICE
201.0 DEPUTY CHIEF OF POLICE
202.0 SERGEANT OF POLICE MARSHALS
203.0 INVESTIGATOR
204.0 POLICE MARSHAL
205.0 SCHOOL RESOURCE MARSHAL
206.0 POLICE BAILIFF
207.0 OFFICE MANAGER
208.0 ADMINISTRATIVE ASSISTANT
209.0 RECORDS TECHNICIAN
Section
301.0 RULES GOVERNING CONDUCT
302.0 DISCIPLINARY PROCEDURES
303.0 COMPLAINTS AGAINST MEMBERS
304.0 PERSONAL CONDUCT
305.0 HAIR/GROOMING REGULATIONS 306.0
UNIFORM/DUTY GEAR REGULATIONS
307.0 WORK SCHEDULE/REST PERIODS/MEAL BREAKS
308.0 HOLIDAYS
309.0 OVERTIME/COMPENSATORY TIME
310.0 IDENTIFICATION CARDS
5
311.0 SEARCH WARRANTS
312.0 STOP AND FRISK
313.0 ARRESTS
314.0 PERSONS IN CUSTODY
315.0 MOTOR VEHICLE SEARCHES
316.0 EMERGENCY OPERATION OF DEPARTMENT VEHICLES
317.0 VEHICLE PURSUIT
318.0 IMPOUNDING AND RELEASING OF MOTOR VEHICLES
6
353.0 IMPARTIAL POLICING
354.0 FIELD TRAINING MARSHAL PROGRAM
355.0 DETOXIFICATION
356.0 DATA PRACTICES
357.0 ADMINISTRATIVE FORFEITURE
ACKNOWLEDGEMENT
XI ANU NATION MARSHAL OPERATIONS MANUAL
INTRODUCTION
Aborigine' Peoples in continental America and Canada (Turtle Island) have special rights,
immunities, privileges, duties, and obligations under God’s Law, natural law, natural justice,
international law, treaty law, and federal Indian law. European settlers who arrived in Turtle
Island took away just about every inch of land from Aborigine' Peoples, and replaced by them
with artificial titles and repressive laws. Private property laws introduced by the invading
Europeans replaced communal property laws which adhered to God’s Law.
The Holy Bible is revered, recognized, respected, and regarded as the Word of God under
federal law PL 97-280, 96 Stat.1211 of 1982. The Holy Bible mandates the protection of God’s
land through proper and effective stewardship. See Leviticus 25:23; Proverbs 22:28; Proverbs
23:10, and Psalm 24:1.
All law comes from ethics and morals. All ethics and morals emanate from the Holy Bible and
other Scriptures of the Revealed Word of God. Therefore, it is evident and clear that all law
comes from the Scriptures under God’s Law. Even the Ten Amendments were designed like the
Ten Commandments to even sound alike.
Aborigine' Peoples have a sacred duty to be excellent stewards of God’s earth. Land is not to be
sold or otherwise abused. Obeying God’s Law is the only way for redemption and recovery of
Aborigine' rights.:
CHAPTER 1: PURPOSE:
To provide for an efficient and professional tribal Marshal force for the Xi Anu Tribal Nation
under the rule of law.
7
This chapter provides descriptions of current departmental positions. The descriptions establish
performance standards, define lines of authority and make each employee aware of the
importance of their position within the organization.
This chapter defines methods of operation and procedures for performing law enforcement
duties.
Law Enforcement agencies are complex and dynamic organizations, which provide services to
an ever-changing society. A manual or set of regulations may not adequately cover all aspects of
tribal Marshal duties. Other authorities strongly influence and impact Law Enforcement
operations such as federal, tribal, state and local laws and court decisions.
Considering these influences, Law Enforcement’s role in the criminal justice system must be
routinely reexamined. If necessary, policies, procedures, rule and regulations will be modified.
All employees within the department are encouraged to offer suggestions for improvement.
8
CHAPTER 1
POLICY STATEMENTS
100.1 GLOSSARY
1. POLICY
Policy guides the performance of a Marshal. Policy is a guiding principle, which should be
followed in order to attain the Marshals's objectives.
Policy is formulated by analyzing objectives and determining the most appropriate course of
action for the Marshals in achieving its objectives. Policy is based upon Marshal ethics and
experience, the expectations of the community and the mandate of the law.
Policy is objective, rather than situation oriented, so it can encompass most situations. Policy is
stated in general terms to recognize Marshal discretion.
2. VALUE
A value is a weight accorded to the quality of performance or accomplishment. Values are the
basis for the determination of objectives and may be both ethical and functional.
3. OBJECTIVE
An objective is a specific and definable desired end for which effort is expended and which, if
attained, fulfills the purposes of the Marshals.
4. GOAL
A goal is a general ideal toward which all Marshals's efforts are directed.
5. PRINCIPLE
A principle is a concept based on logical deduction, evaluation and experience. Principles assist
in the exercise of Marshal judgment in an on duty-related or off-duty situation.
6. PROCEDURE
"Serving the People" is the principal upon which the Marshals rests signifying its ability to
perform in an efficient, effective and professional manner.
The primary objective of the XI Anu Nation Marshals is to keep its jurisdiction free from crime
and disorder. Marshals must enforce the law in a fair and impartial manner, recognizing the
statutory and judicial limitations of the Marshal’s authority and the constitutional rights of all
persons. The Marshals does not legislate, render legal judgments or punish.
1. PREVENTION OF CRIME
Peace is compliance with the law. People are responsible for following the law. Crime
prevention is the concern of everyone. Law Enforcement Marshals prevent crime, deter it and
when that fails, apprehend those who violate the law. The department is responsible for
interacting with the community to generate a mutual partnership in crime prevention.
To obey promptly all orders of the Chief of Tribal Marshal, ranking tribal Marshal officers or a
judge of the Tribal Court when assigned to Court duty;
b. To report and investigate all violations of any law or regulation coming to his attention;
c. To arrest all persons for violations of the laws and regulations when there exists
sufficient grounds for doing so;
d. To lend assistance to other officers;
e. To prevent, whenever possible, violations of the laws;
10
f. To inform himself as to the Tribal Law and Order Code and all other laws and
regulations applicable to the Nation’s jurisdiction, and to attend such training sessions as the
Maku Chief , Council or Chief of Tribal Marshal may direct;
g. To become familiar with and practice at all times principles of good tribal Marshal
procedure;
h. To use no unnecessary force or violence in making an arrest, search or seizure;
i. To abstain from the use of narcotics or excessive use of alcohol and to refrain from
engaging in any act which would reflect discredit on the Tribe or the Tribal tribal Marshal;
j. To refrain from the use of profane, vulgar, insolent or offensive language;
k. To report to his superior officers all deaths or accidents of a serious nature or other events
or impending events of importance;
l. To keep all equipment furnished by the Tribe or the government in good repair and order
and to immediately report the loss of any or all of such property;
m. To obey all regulations which the Chief of Tribal Marshal shall adopt.
2. DETERRENCE OF CRIME
Some crimes cannot be stopped but some crimes committed against property and victims in
public places are reduced by Law Enforcement presence because a criminal fears immediate
apprehension or the increased likelihood of his detection. The Marshals must deter crime and
inspire public confidence in its ability to keep the peace.
3. APPREHENSION OF OFFENDERS
Actual costs of crime are difficult to measure. There cannot be monetary value placed on broken
bodies, ruined lives and human suffering. It is possible, however, to ascertain the costs of lost
and stolen property. Costs of crime are ultimately borne by its victims. To minimize these
losses, the Marshals makes every reasonable effort to recover lost or stolen property, to identify
its owners and ensure its prompt return.
11
5. MOVEMENT OF TRAFFIC
To facilitate the safe and expeditious movement of vehicular and pedestrian traffic, the Marshals
must enforce traffic laws; investigate traffic accidents and direct traffic. To enforce traffic laws
and develop driver awareness of the causes of traffic accidents, Marshals warn, cite and arrest
traffic law violators. Certain traffic accidents are investigated to care for the injured and to
determine the causes of accidents so that methods of prevention may be developed and to protect
the rights of the involved parties. When a traffic law violation is discovered, evidence must be
gathered to prosecute the violator. When necessary, the Marshals provides direction for
vehicular and pedestrian traffic and information to the public to assist them in arriving safely at
their destination.
6. PUBLIC SERVICE
The community relies on the Marshals for assistance and advice in many routine and emergency
situations. Marshals regularly respond to incidents where a crime has not been committed. To
assure the peace and safety of all persons, Marshals may respond to calls for service and render
aid or advice as necessary. Services may culminate in a coordinated effort with fire, rescue,
ambulance and other appropriate public safety agencies.
Marshals frequently make difficult decisions that affect human life and liberty. There may be no
opportunity to seek advice and little time for reflection. A Marshal must have the stamina,
intelligence, moral courage and emotional stability to fairly and impartially deal with people in
complicated and potentially explosive situations. To provide professional Law Enforcement, the
Department Chief needs to recruit and select Marshals with different levels of experience. The
Marshals must strive to maintain and perfect the quality of its Marshals through education and
promotion of the most qualified. The selection and training process will be conducted in
accordance with POST mandated standards and Marshals regulations.
The qualifications of Tribal Marshals shall be as follows:
a. The individual must be in sound physical and mental condition and of sufficient size and
strength to perform the required duties;( by providing prove of a psychological evaluation and
passing fit test.)
b. He must be willing and able to attend tribal Marshal officer training courses as a
condition to his hiring and continued employment;
c. He must be of high moral character and have never been convicted of a felony or Class A
offense or convicted of any other offense within one year prior to appointment;
d. Preference in hiring shall be given to high school graduates in situations where
qualifications are otherwise similar
12
1. UTILIZATION OF RESOURCES
The quality and extent of Law Enforcement services are limited by resources available to the
Tribal government. The Marshals shall use the most efficient management and budgeting
techniques available. Every employee is responsible for using resources as carefully and
economically as possible.
The Law Enforcement code of ethics is a general guideline of conduct for Marshals of the Xi
Anu Nation. All employees of the Nations Marshals shall follow the rules, regulations and
policies of the Marshals and the Nation’s Personnel Policy Manual that govern conduct. If there
is a conflict between the Marshals policies and the General Nation Personnel policies, the
Marshals Policies shall govern.
An Marshal's fundamental duty is to serve humankind; to safeguard lives and property, to protect
the innocent against deception, the weak against oppression or intimidation, and the peaceful
against violence or disorder; and to respect the Constitutional rights of all.
Marshal’s personal lives should be unsullied as an example to all. To be honest in thought and
deed in both our personal and official lives, we must be exemplary in obeying the laws of the
land and regulations of our department.
Marshals should not permit personal feelings; prejudices, animosities or friendships influence
our decisions. Marshals must maintain courageous calm in the face of danger, scorn, or ridicule;
develop self-restraint; and be constantly mindful of the welfare of others. Marshals must enforce
the law courteously and appropriately without fear or favor, malice or ill will, never employing
unnecessary force or violence and or accepting gratuities.
102.2 LOYALTY
A Marshal's duty is to serve society. Marshals must make difficult decisions. He must exercise
discretion in situations where a Marshal's rights and liabilities and those of the Marshals depend
upon his conduct and judgment. A Marshal’s decisions may involve a choice, which can cause
him hardship or discomfort. A Marshal must uphold their oath of office, the principles of Law
Enforcement and the objectives of the Marshals. A Marshal must not allow personal motives to
govern their decisions and conduct.
A person cannot be deprived of constitutional rights because they are suspected of committing a
crime. Courts determine the constitutionality of a Statute, not Marshals who seek to properly
enforce the law, as it exists. Marshals may enforce Federal, State or Band Statutes without fear
of abrogating a person's constitutional rights. A Marshal who lawfully acts within the scope of
his duty does not deprive persons of their civil liberties. An Marshal may make reasonable
inquiries; conduct investigations and arrest with probable cause. When Marshals exceed their
scope of duty, however, through unreasonable conduct, they violate the sanctity of the law,
which they are sworn to uphold.
Marshals confront situations where they must exercise control to make arrests and protect the
public safety. Control may be achieved through advice, warnings and persuasion or by the use of
physical force. The use of reasonable physical force may be necessary in some situations, which
cannot be otherwise controlled. Marshals may resort to force only when other available
alternatives have been exhausted or would clearly be ineffective under the circumstances. Force
is properly applied when it is reasonable and necessary to protect others or themselves from
bodily harm and consistent with applicable Federal, State and Band Statutes and General Order
323.0.
102.6 INTEGRITY
Integrity of Law Enforcement personnel will be above reproach. The dishonesty of a single
Tribal Marshal Department’s member may impair public confidence and cast suspicion upon the
entire Department. Succumbing to even minor temptation may contribute to erosion of public
confidence. Marshals employees must scrupulously avoid any conduct which might compromise
their integrity, their fellow Marshals' or theMarshals. Marshals are obligated to report the
dishonesty of others.
1. GRATUITIES
A member of theMarshals shall not accept gifts, rewards, gratuities or other benefits when such
benefit is granted, whether fully or partially, as a result of their employment. No member of the
Department shall offer or give gifts, gratuities or special privileges to any other person or agency
in expectation of special benefit to the member or theMarshals.
14
2. SOLICITATIONS
No employee of theMarshals shall solicit any form of benefit for themselves, theMarshals, the XI
Anu Nationof Ojibwe Indians or any other organization, from any person, group or firm, when
the benefit is secured as a result of their employment.
102.7 COURTESY
Effective Law Enforcement depends on a high degree of cooperation between the Marshals, the
public and other public agencies. Courtesy encourages understanding and appreciation while
discourtesy breed’s contempt and resistance. Most people are law-abiding expect fair and
courteous treatment by Marshals employees. While the urgency of a situation might preclude the
ordinary social amenities, discourtesy under any circumstances is indefensible. An Marshal’s
courtesy is not a sign of weakness, but rather of firmness and impartiality that characterizes
professionalism.
The Marshals is an organization with a clearly defined chain of command. Proper performance
in the chain of authority displays a willingness to serve and may be recognized and rewarded. If
there is a willful disregard of orders, commands, directives or policies, retraining of personnel or
disciplinary action may be necessary.
Law Enforcement requires an employee to be mentally alert and physically responsive. When
the community encounters an employee of the Marshals who appears intoxicated, there is an
immediate decrease in public confidence. A Marshal must not consume intoxicants to such a
degree that it impairs their on-duty performance or discredits the Department. Except as
necessary in the performance of an official assignment, the consumption of intoxicants is
prohibited while an employee is on duty.
Because most rural Marshals perform without close supervision, Marshals themselves are
responsible for the proper performance of their duties. A Marshal is responsible for the safety of
the community and fellow Marshals. Marshals discharge that responsibility by the faithful and
diligent performance of their duty. Anything less violates the trust placed in them by the
community and will not be tolerated.
15
Financial distress may impair an employee's effectiveness and discredits the Marshals.
Employees should avoid incurring financial obligations that are beyond their ability to
reasonably satisfy from their earnings.
A Marshal’s commitment to public service and professional ethics precludes engaging in labor
strikes or similar concerted activities. Marshals do not have the right to strike or engage in any
work stoppage or slowdown. This Marshals will seek the termination of an employee who plans
to or engages in any such strike, work stoppage or slow-down.
102.14 COMMENDATIONS
102.15 DISCIPLINE
The Marshals has the responsibility to seek out and discipline employees whose conduct
discredits the Marshals or impairs its effective operation.
The First Amendment to the Constitution guarantees the right of all citizens to freedom of
religious belief or non-belief and precludes governmental intervention in religious matters.
Employees of the Marshals, in their official capacities, shall act in a non-sectarian manner.
Employees must conduct themselves in a manner that neither favors nor illegally restricts any
particular religious belief while acting in an official capacity. This section does not intend to
restrict an employee's freedom of personal belief, but to insure that employees, while functioning
in an official capacity, do not manifest their beliefs in a manner that interferes with the rights of
other citizens.
16
102.17 RESPONSIBILITY OF ON-DUTY MARSHALS
On-duty Marshals within reservation boundaries, after considering the tactical situation, are to
take steps as reasonably necessary and consistent with their assignment to protect life and
property, to effect the enforcement the laws of the Band, county, state and nation, to serve the
public.
On-duty Marshals who are outside the reservation boundaries who become aware of a situation
requiring Marshal response, must first consider the tactical situation and mutual aid agreements,
then take steps as reasonably necessary to carry out the Band's responsibilities under the mutual
aid agreement. On-duty Marshals outside the reservation who are not acting within the scope of
their employment as Marshals on matters of direct concern to the Band are to give first
consideration to the tactical situation and of their personal liability and that of the Band.
Off-duty Marshals have peace Marshal authority as to any public offense committed or
which there is probable cause to believe has been committed in their employing jurisdiction with
respect to which there is immediate danger to person or property or the escape of the perpetrator
of the offense. Off-duty Marshals, on and off reservation, must first consider the tactical
situation and then the liability of themselves and the Band.
Powers of XI Anu Nation Peace Marshals do extend beyond Rhode Island Marshals who are
outside the boundaries of the state, county or reservation for extradition or other matters of direct
concern to the Band, shall not engage in Law Enforcement activities, unless necessary in the
performance of their duties as an Marshal of the Band, or when called upon to assist another Law
Enforcement agency or when necessary to protect the life of any person.
Carrying off-duty weapons is prohibited without the prior written approval of the Chief of Tribal
Marshal unless its being carried as a concealed weapon.
17
SECTION 103: LAW ENFORCEMENT - COMMUNITY INTERACTION
Good community relations and positive interactions between people and Marshals promote
unity, common purpose and a climate where Marshals may perform their duties with public
acceptance, understanding and approval.
All persons are subject to the law and have a right to be treated with dignity under the law. The
Marshals has a duty to protect this right. Marshals must treat a person with respect as a duty
inherent in a Marshal’s primary responsibilities.
Community relations are strengthened by interaction between Marshals and citizens. These
interactions inspire respect in the Marshal and the community that will generate the cooperation
and approval by the community.
The Marshals must be responsive to the needs and problems of the Reservation. The Marshals
must demonstrate a willingness to listen and a genuine concern for the problems of the
community in all three districts.
The Marshals may disseminate accurate and factual accounts of occurrences and other matters of
public interest to the extent such disclosure will not violate individual rights or the need for
confidentiality.
Interpersonal communications between the community and the Marshals promote understanding
and cooperation. Where there may be a language barrier, a Marshal may need additional
patience and understanding in dealing with what might otherwise appear to be lack of response.
SECTION 104: COMMUNITY AFFAIRS
18
104.1 NEWS MEDIA RELATIONS
This Marshals seeks to establish a cooperative climate with the news media. Certain
information, however, must be withheld from the media in order to protect the constitutional
rights of an accused, to protect an ongoing investigation or because it is legally privileged.
When a representative of the news media is denied access to certain information, they shall be
given a courteous explanation of the reasons for such denial.
1. MARSHAL'S ROLE
If a labor dispute or demonstration occurs within the Xi Anu Nation and other Treaty nations
which is Tribal jurisdiction, the Marshal must protect the rights of the public by enforcing the
law and by maintaining order.
The effectiveness of the Marshals in any labor dispute and demonstration is displayed
impartiality regarding the parties and issues involved and by taking appropriate action when
illegal acts are observed or reported.
The Marshals should attempt to inform both parties of a labor dispute or demonstration about the
laws on the use of public areas and roadways, free access to public places and the right of
persons to enter and leave private premises without interference. Cooperation of both parties to
comply with the law will minimize illegal acts. If an illegal act occurs, the Marshals will take
prompt and impartial Law Enforcement actions.
The Marshals maintains close working relationships with other Law Enforcement agencies and
shares information about techniques and procedures developed or used by the Marshals.
2. PROFESSIONAL ASSOCIATIONS
19
105.1 NATURE OF THE TASK-MARSHAL DISCRETION
Decisions in Law Enforcement operations frequently must be made in an instant and the lives of
Marshals and others may depend on those decisions. A Marshal must be capable of making a
reasonable response in both cases. Marshals must base their conduct and action in each instance
upon the facts as they reasonably appear, relying upon their experience, training and judgment to
guide them toward reasonable and lawful decisions and actions.
Reasonableness of tribal Marshal action or facts constituting probable cause varies with each
situation. The facts may justify an investigation, a detention, a search, an arrest or no action at
all. The requirement for legal justification imposes limitations on a Marshal. In every case, a
Marshal must act reasonably within the limits of their authority as defined by Statute and judicial
interpretation, thereby ensuring that the rights of both the individual and the public are protected.
Traffic enforcement, particularly speed enforcement, must allow for Marshal discretion within
reasonable limits. This Marshals follows the rules of good judgment, common sense and
discretion, considering all factors existing at the particular time and place of the offense.
Once a violator is identified, Marshals initiate the criminal process. Sometimes a Marshal may
not make an arrest. There may be a report written and a summons issued, an application for a
complaint made, or in some cases when the offense is of a minor nature, a verbal warning or
other direction may be given. A decision not to arrest will be guided by the Marshals policy and
the particular factual situation, not by the personal feelings of the Marshal.
An arrest does not necessarily require a booking and a booking does not necessarily require
continued detention. When the circumstances allow, an arrestee should be released without
being booked and, if booked, should be released from further detention when warranted. 105.5
CALLS FOR SERVICE
The Marshals cannot be aware of each situation on the Reservation where they are needed.
Marshals depend on the community for information. The community expects Marshals to
respond to requests for tribal Marshal service within a reasonable period of time and to
satisfactorily perform the necessary service. The extent of the service will depend on the
particular situation, but a professional quality of service must be rendered in all cases.
20
It is not always possible for the Marshals to respond to every call for service. The Marshals must
use available resources to give the highest level of efficient service possible. Priority of call
assignment depends on many factors and it is normally the responsibility of staff personnel to
make such assignments. A Marshal in the field may be required to decide whether to continue
on an assigned call or handle a citizen's complaint or other observed event and cause the call to
be reassigned. In any event, a supervisor may override the decision of a Marshal. Such
determination should be based upon the comparative urgency and the risk of life and property of
the assigned call and the intervening incident. When it is impossible for a Marshal to handle a
citizen's complaint or an observed event, the Marshal should, if circumstances permit, either give
directions for obtaining such assistance or initiate the necessary notifications themselves.
3. GOOD JUDGMENT/DISCRETION
It is understood that Marshals may use discretion when handling calls for service. Discretion
may be limited due to the nature of the call. Marshals will use good judgment in those cases
where discretion is utilized and an arrest/citation is not made or issued. If it is found that good
judgment was not utilized, Marshals will be in violation of this policy.
The scope of preliminary investigation may be very restricted or it may constitute the entire
investigation of the crime. For instance, the scope may be limited by a Marshal’s assigned
workload. A Marshal should continue a preliminary investigation to the point where a delay in
an investigation caused by the report being processed would not materially jeopardize the
investigation.
Since emergency situations occur without warning, and duration is often brief, Marshals must
frequently make critical decisions without the benefit of on-the-scene direction. In most of these
operations, however, supervision is available and necessary to provide guidance and training.
Supervision gives coherence to the Marshal’s task and directs the energies of the department into
an organized effort. Proper supervision is essential to maintain a professional level of
competence in Law Enforcement operations. When a supervisor arrives on-scene he assumes the
21
responsibility of ensuring the call is handled in a thorough and professional manner. A
supervisor may coordinate and direct the activities of all Marshals at the scene until call
completion.
Except as provided elsewhere in this policy, the Primary Marshal on the scene is in charge of a
crime scene unless relieved of the responsibility by an assigned investigator or supervisory
personnel.
Follow up investigation consists of efforts to interview victims and witnesses; locate, identify,
and preserve physical evidence; recover stolen property; identify, locate, interview and arrest
suspects; present the case to the prosecutor and cooperate in the prosecution of the suspect.
Investigations are conducted to produce evidence relative to the guilt or innocence of any suspect
and recover property.
105.12 INFORMANTS
1. USE OF INFORMANTS
Information from confidential sources may be the lead which solves a case and without which
there could not be prosecution. The Marshals receives information regarding criminal activities
and suspects from persons in all walks of life. Many people who give information have been
victims or witnesses of crime or they have a strong desire to aid Law Enforcement. Regardless,
of their motivation, the use of informants is a basic weapon in the fight against crime and they
22
are judicially recognized sources of information. An informant's motivation should be carefully
evaluated in determining the extent to which the information will be relied upon.
Informants will sometimes offer to exchange information for prosecutorial immunity or for their
release. Only a judge in a judicial proceeding may properly grant such immunity. No member
of the Department may grant any person immunity from prosecution.
Marshals should keep their supervisors informed of their relations and activities involving
informants. The Marshals requires that the identity of informants be disclosed by means of an
informant file maintained by the Tribal Marshal Chief. When a juvenile informant is utilized,
the Department must retain a release form signed by a parent or guardian giving the Department
permission to utilize the informant.
In order to obtain information and evidence regarding criminal activities, it may be necessary for
the Department to use undercover personnel. Such personnel shall not engage in entrapment.
105.14 ELECTRONIC SURVEILLANCE
Federal, Band and State laws and the United States Constitution protect the individual’s right of
privacy and right not to be subjected to unreasonable searches and seizures. Electronic
surveillance equipment shall only be used in a manner consistent with the law and at the
direction of a supervisor.
When a situation may escalate into a riot, Marshals must establish control of the situation by
reacting quickly and committing sufficient resources to control the situation. Control should be
established in all parts of the involved area so that there are no areas into which the Marshals
cannot go. Law violators must be arrested and their prosecution sought. Finally, the Marshals
must remain in the affected area with adequate personnel and equipment for a sufficient period
of time after order is restored to convince all concerned that additional outbreaks will not be
tolerated.
105.16 DEMONSTRATIONS
The Marshals will reasonably provide any resources needed to protect the rights of any person or
group to conduct a peaceful and lawful demonstration within the reservation in accordance to
Band law. Unlawful activity requires prompt and effective action by the Marshals. The
Marshals will take appropriate legal steps to discourage unlawful acts.
23
105.17 USE OF FORCE
In no instance shall an Marshal use force other than that necessary to lawfully and properly
neutralize an unlawful assault or more than that which is necessary to overcome resistance by a
person being taken into custody. In each instance, lawful and proper force is restricted to only
that force necessary to control and terminate unlawful resistance and to prevent any further
physical attack against the tribal Marshal Marshal or any other persons.
As long as Marshals, in the performance of their duties, may be confronted with deadly force, it
is necessary for a Marshal to be properly armed for the protection of society and themselves.
The general policy of the Marshals regarding the use of firearms or other deadly force by
Marshals, on or off duty, is that Marshals will discharge their weapon at another person only
when they are legally justified.
105.19 TRIBAL MARSHAL VEHICLES
Employees shall drive Xi Anu Nation-owned vehicles in a lawful and proper manner at all times
with due regard for the safety of all persons and good condition of the vehicle. Marshals shall
consider the risks to the public and themselves in any high-speed pursuit, the nature of the
offense for which a subject is being pursed, the danger to the public if the subject is not
apprehended and possible alternative methods of apprehension.
Good judgment and common sense shall be used in every vehicle pursuit engaged in by members
of the Marshals. Pursuits of known dangerous persons will generally allow Marshals to drive at
higher speeds however; higher speeds pose higher risks of loss of vehicle control and an
accident. Supervisors have the authority to terminate a pursuit at any time. Each instance must
be considered separately and successful apprehension of a subject must be weighed against the
real and present danger involved in a high-speed pursuit.
Marshals shall not attempt to deliberately collide with other vehicles or to use the tribal Marshal
vehicle to force any other vehicle off a roadway. The only exception to this policy occurs when
an Marshal is in pursuit of known and extremely dangerous felons who, if allowed to escape,
would create a substantial risk of a person being killed or seriously injured.
To minimize injury to suspects, Marshals and others and to avoid property damage, the use of
chemical munitions such as tear gas is allowed only in circumstances where a serious danger to
life and property exists and other methods of control or apprehension would be ineffective or
more dangerous.
105.21 HOSTAGES
24
Criminals who use hostages to aid their escape are desperate individuals who, if allowed to
escape, will pose a continuing threat to their hostage(s) and the public. Assurance that a hostage
will be released unharmed is a meaningless promise. The Marshals does not have the ability to
protect the safety of a hostage who are removed from the presence of Marshals. The safety of
hostages can be best assured by keeping them in the presence of Marshals and by preventing the
suspect from removing them. Marshals should use every verbal and tactical tool at their disposal
to secure the arrest of the suspect without harming the hostage. Exceptional situations could
arise where good judgment dictates allowing removal of a hostage, such as where there is
imminent probable danger to a large group of persons.
Marshals may find themselves at the mercy of an armed suspect who has an advantage. A
suspect who has surrendered his weapon upon demand does not reduce the danger to a Marshal.
Surrendering their weapon may mean giving away their only chance of survival. Marshals
should not surrender their weapon(s) except as a last resort when, in their judgment; they believe
that the act of giving up the weapon will save their life or the lives of others.
1. TACTICAL PLAN
A barricaded suspect poses an extreme danger to Marshals who seek to arrest him and others.
Good judgment demands that a tactical plan be developed rather than immediately rushing a
barricaded suspect.
Upon contact with a barricaded suspect, that immediate area should be cordoned off to seal
avenues of escape. Bystanders must be evacuated from the area. A command post should be
established from which operations would be directed upwind from target location. A traffic
control perimeter should be established to control traffic in the area. Attempts to establish
communication with the barricaded subject should be made in an effort to persuade the subject to
surrender.
Every possible attempt shall be made to persuade the subject to surrender. Once the subject is
isolated, time is to the benefit of the Marshals and the full resources of the Marshals are available
to remove the subject from the location if necessary. The Marshals Use of Force Policy shall be
strictly followed and random firing is prohibited.
25
In situations that develop from radio calls or spontaneous activities, the Primary Marshal on the
scene is in command and shall immediately have dispatch notify the Chief of Tribal Marshal or
the Supervisor who, upon arrival, shall assume command.
When a suspect is located as a result of a follow-up investigation, the Primary Marshal based on
rank at the scene is in command and shall immediately have dispatch notify the Chief of Tribal
Marshal or Supervisor who shall assume command upon arrival. After the arrival of the Chief of
Tribal Marshal or the Supervisor, the steps outlined in the section above shall be followed.
The purpose of deploying Marshals to the scene of an anticipated crime is to arrest the
perpetrator of the attempted or consummated crime. Since the objective to arrest is subordinate
to the protection of life, however, Marshals should not subject themselves or other persons to
unreasonable risk.
1. OBJECTIVES
The traffic enforcement objectives are to reduce traffic accidents and injuries and facilitates the
safe and expeditious flow of vehicular and pedestrian traffic. This can be achieved by education
and enforcement.
The Marshals seeks to educate the public regarding traffic regulations through programs aimed at
exposing specific problems and by giving notice and warnings of changes in regulations prior to
taking enforcement action.
The Marshals will take enforcement action upon the detections of an illegal and potentially
hazardous driving offense without regard for such factors as attitude, intent or frivolous excuse.
Enforcement action may consist of a warning, citation, and application for complaint or physical
arrest.
Another objective of traffic enforcement is the identification of changing traffic patterns and
potentially hazardous conditions. This information will be conveyed in a timely manner to the
appropriate authority for review and evaluation.
2. VIOLATOR CONDUCT
Traffic enforcement is routine for Marshals, but for violators it frequently is an emotionally
traumatic experience. In many cases, this is the only contact that a person has with Law
Enforcement. Marshals should be aware of these conditions and should strive to make each
contact educational and to leave the violator with the impression that the Marshal has performed
a necessary task in a professional manner.
26
3. SELECTIVE ENFORCEMENT
When the Department receives complaints of problems in particular areas, it may specifically
assign personnel to investigate and take necessary enforcement action. Additionally, based on
information obtained by the Department, Marshals may be assigned specific areas because of
problems anticipated there.
4. VISIBLE PATROL
Open and visible patrol deters motorists from violating traffic law and reduces traffic accidents.
When there is an unusual or continuing enforcement problem at a particular location, Marshals
should park in a conspicuous location and observe traffic.
5. UNIFORMITY
6. ACCIDENT INVESTIGATION
The investigation of certain traffic accidents is necessary to determine traffic law violations,
obtain engineering data, protect the rights of individuals involved and assist in traffic education.
It is the objective of the Department to enforce state, Band and federal laws which prohibit the
possession, use or traffic in narcotics, non-prescription dangerous drugs and other restricted
drugs within the Reservation. The Department seeks to prevent and deter the use, possession and
traffic of such substances within the reservation. The Department may conduct investigations
outside the reservation in cooperation with appropriate Law Enforcement agencies to prevent the
flow of such illegal substances into the reservation.
To prevent the spreading use of narcotics and other dangerous substances, the Department
participates in public education programs to inform people about the effects and hazards of drug
abuse. Additionally, the Marshals informs the public about drugs so that they can make
decisions regarding personal use of drugs. The public needs to understand and appreciate the
dangers of drug abuse that is the key to overcoming its threat. The Marshals seeks to work with
the people in a cooperative attack on this critical problem.
27
CHAPTER TWO
POSITION DESCRIPTIONS
Revised August 28, 2015
27
To protect the public and address the law enforcement needs of the community; adopt and employ
effective crime prevention and community policing model(s); maintain law and order; address
systemic public safety issues; prevent, detect and investigate crime; enforce traffic, criminal, and
other laws of the Band and State; apprehend criminal suspects; establish policy and procedure for
the department; establish structure to properly train and supervise department personnel; and
perform other functions relative to a rural Law Enforcement agency.
1. ADMINISTRATION
29
b. Provide a commensurate level of law enforcement services to each District, and
pursue the execution or ensure the maintenance of beneficial law enforcement
agreements; c. Promulgate policies, rules and regulations of the department;
d. Develop an American Indian recruitment program and enforce American Indian
preference in hiring and promotion decisions in accordance with Band directive as
articulated by the Solicitor General;
e. Assume overall responsibility for efficiency and discipline of workers under this
command;
f. Enhance the visibility of Marshals in residential neighborhoods through increased
personal interaction and foot patrols when practicable;
g. Oversee employee performance evaluations and prepare and maintain files
concerning employee performance;
h. Administer disciplinary action as delegated by department policy manual, conduct
disciplinary hearings and take disciplinary actions;
i. Assist and work with governmental employees to examine and prepare operating
budget for the department;
j. Implement and sustain a community service Marshal program;
k. Read and answer tribal Marshal correspondence;
l. Prepare or amend the XI Anu Nation Tribal Marshal Operations Manual and
submit for approval to the Solicitor General’s Office;
m. Establish and maintain tribal Marshal record-keeping system to ensure ready
retrieval and exchange of information with state, local, tribal and Federal law
enforcement agencies in accordance with the Minnesota Data Practices Act; and
n. Review information to determine whether data release is in accordance with
policy or law.
o. Tribal tribal Marshal officers shall be hired upon such terms and conditions of
employment as the Maku Chief and Council shall direct. The Maku Chief and Council
shall receive the recommendation of the Chief of Tribal Marshal prior to hiring anyone to
be a tribal Marshal officer
2. COMMUNITY RELATIONS
3. SUPERVISORY
31
4. LAW ENFORCEMENT
200.3 ACCOUNTABILITY
The Chief of Tribal Marshal will conscientiously comply with the preceding terms, conditions and
requirements of employment to the extent reasonably possible. The Chief of Tribal Marshal will
not be responsible for a failure to comply that derives from a lack of necessary funding or
resources, unless such deficiency directly results from the action or inaction of the Chief of Tribal
Marshal. The Solicitor General may inform the Chief of Tribal Marshal of any perceived
compliance issues by written notice, which will be personally delivered to the Chief of Tribal
Marshal. In such an event, an informal meeting between the Solicitor General and Chief of Tribal
Marshal will occur within ten (10) calendar days of serving the notice, and the parties will
diligently attempt to resolve the outstanding issues. If deemed potentially useful, the Solicitor
General may extend the Chief of Tribal Marshal an opportunity to achieve or restore meaningful
compliance within thirty (30) calendar days of the informal meeting. The Chief of Tribal Marshal
may request in writing a thirty (30) calendar day extension prior to the expiration of the preceding
timeframe by demonstrating good cause to the Solicitor General, who retains sole discretion to
grant or deny such request. Following conclusion of the informal procedure, the Solicitor General
may proceed to undertake disciplinary measures and/or initiate a formal complaint in accordance
with General Order 302 and/or 303 due to the presence of unresolved issues. An external agency
32
will perform investigations necessitated by the filing of a formal complaint. The Solicitor General
also may choose to bypass the informal procedure if warranted under the circumstances.
SECTION 201: DEPUTY CHIEF OF TRIBAL MARSHAL
To protect the public and address the law enforcement needs of the community, maintain law and
order, prevent, detect and investigate crime, enforce traffic, criminal, and other laws of the Band
and State, apprehend criminal suspects, establish policy and procedure for the department,
establish structure to properly train and supervise department personnel and, perform other
functions relative to a rural Law Enforcement agency.
1. ADMINISTRATION
2. COMMUNITY RELATIONS
3. SUPERVISORY
4. LAW ENFORCEMENT
To protect the public and address the law enforcement needs of the community, maintain law and
order and preserve the peace, detect, prevent and investigate crime, enforce traffic, natural
resources and other laws of the Band and state, apprehend criminal suspects, maintain order in
the XI Anu Nation Court of Central Jurisdiction, serve court process, arrest violators of the law,
direct and supervise daily activities of tribal Marshal personnel and other functions relative to
rural Law Enforcement.
35
202.2 AREAS OF RESPONSIBLITY
1. ADMINISTRATIVE
2. COMMUNITY RELATIONS
3. SUPERVISORY
4. LAW ENFORCEMENT
5. COURT PROCEEDINGS
a. Serving legal process such as court orders, summons and complaints and
subpoenas to individuals;
b. Serving arrest warrants and evict persons from property designated by
court order;
c. Assisting prosecuting attorney in case preparation for trial;
d. Testifying before courts and juries; and
e. Maintaining order in courtroom during trial and ensure security of
participants.
SECTION 203: INVESTIGATOR
To investigate crimes and attempted crimes against persons and property, gather and evaluate
supporting evidence for prosecution, distinguish between an actual crime and circumstances
which appear to be a crime, apply the best methods of interviewing and questioning suspects to
gain needed information, preserve crime scenes, maintain current knowledge of forensics,
investigative equipment and firearms and gather and preserve physical evidence.
1. LAW ENFORCEMENT
2. COMMUNITY RELATIONS
3. COURT PROCEEDINGS
39
a. Serving legal process such as court orders, summons and complaints,
subpoenas to individuals;
b. Serving arrest warrants and evicting persons from property designated by
court order;
c. Assisting prosecuting attorney in case preparation for trial.
d. Preparing or obtaining search warrants and executes it;
e. Notifying state and county authorities of major crimes or disturbances
within the area and takes appropriate action if requested to do so;
f. Establishing and maintaining good working relationship with other law
enforcement agencies, and assisting those agencies if requested to do so.
g. Testifying before courts and juries; and
h. Maintaining order in courtroom during trial and ensuring security of
participants.
To protect the public and address the needs of the community, maintain law and order and
preserve the peace, detect, prevent and investigate crime, enforce traffic, criminal, natural
resources and other laws of the Band and State, apprehend criminal suspects, maintain order in
Tribal Court, serve process, arrest violators of the law, work various shifts as assigned by
supervising personnel and other functions relative to a rural Law Enforcement agency.
1. LAW ENFORCEMENT
40
j. Using cameras, telephones, and other equipment to record facts and
evidence;
k. Inspecting and investigating crime scenes; locating, recording, collecting
and preserving evidence;
l. Preparing and presenting findings and progress of investigations in
properly documented reports;
m. Assisting prosecuting attorney in case preparation for trial;
n. Preparing or obtain search warrants and execute it;
o. Testifying before the Court and/or juries;
p. Notify state and county authorities of major crimes or disturbances within
the area and takes appropriate action if requested to do so; and
q. Establish and maintain good working relationship with other Law
Enforcement agencies and assist those agencies if requested to do so.
2. COURT PROCEEDINGS
41
SECTION 205: SCHOOL RESOURCE MARSHAL
1. COMMUNITY RELATIONS
42
2. LAW ENFORCEMENT
Is responsible for maintaining the security in the courtroom within the Court of Central
Jurisdiction and delivering or serving , in-person, legal documents to defendants or individuals
involved in a court case.
1. BAILIFF
b. Manages courtroom during proceedings and provides general services in the courtroom.
c. Obtains court files for defendants appearing in Court and makes copies of material, when
necessary.
43
f. Assists witnesses and attorneys during courtroom proceedings.
h. Escorts witnesses, visitors and jury members to and from the courtroom, when necessary.
2. PROCESS SERVER
3. LAW ENFORCEMENT
a. Notify state and county authorities of major crimes or disturbances within the
area and take appropriate action if requested to do so.
b. Establish good working relationships with other Law Enforcement agencies
and assist those agencies if requested to do so.
c. Patrol Reservation communities to control traffic, prevent crime or
disturbances of the peace and to arrest violators.
d. Must be familiar with area residents and community needs.
e. Investigate and render first aid at accidents.
f. Issue tickets to violators, locate, interview and record eyewitness accounts of
crimes and violations.
g. File facts and reports for possible use in civil and criminal cases.
h. Investigate criminal cases which involve violations of federal, state, local or
tribal laws.
i. Use cameras, telephones, recorders, and other equipment to document facts
and evidence.
j. Prepare and present findings of investigations in properly documented reports.
k. Prepare, obtain and execute search warrants.
44
To provide direct supervision of the Tribal Tribal Marshal administrative staff and assist with the
day-today activities of the front office.
1. ADMINISTRATION
2. CLERICAL
3. LAW ENFORCEMENT
45
To provide administrative support to the department by typing confidential letters, reports and
statements, assisting in the preparation of materials for law enforcement meetings and
presentations.
1. ADMINISTRATION
2. COURT PROCEEEDINGS
3. LAW ENFORCEMENT
46
a. Receiving complaints and requests for Law Enforcement services or
information;
b. Processing all correspondence directed to the department as required,
including military criminal history checks, warrants from other counties
and requests from the public and insurance companies for information;
c. Determining what information may be released under data privacy laws;
d. Providing routine Law Enforcement information, make appropriate
referrals; receiving and transmitting fire alarm calls received by telephone
or radio;
e. Maintaining radio communication with Law Enforcement mobile patrol
units; dispatching personnel to investigate incidents or requests for service
and receiving reports from mobile units;
f. Maintaining radio communication with other Law Enforcement, fire and
emergency agencies;
g. Receiving and transmitting messages over several systems and the
performance of related recording tasks;
4. CLERICAL
a. Complete purchase orders, check requests, training requests. etc. And all
other paperwork as deemed necessary by the Office Manager.
b. Complete transcriptions on an as needed basis as directed by the Office
Manager.
c. Assist the Office Manager in the daily paperwork preparation.
5. RECEPTION
To provide support to the Department by performing specialized complex record keeping duties
and serving as a positive point of contact for the public.
47
209.2 AREAS OF RESPONSIBILITY
48
CHAPTER THREE GENERAL ORDERS
Revised August 28, 2015
48
PURPOSE
To define conduct unbecoming a Marshal. This policy supplements the ethical standards
contained in the Law Enforcement Code of Ethics, General Order 102.1.
POLICY
Law Enforcement effectiveness depends upon respect and confidence from the community and
conduct which detracts from this respect and confidence is detrimental to the public interest is
prohibited. The policy of this Department is to investigate circumstances in which a Marshal has
engaged in unbecoming conduct and impose disciplinary action when appropriate.
SCOPE
50
This Order applies to all Marshals performing official duties, within and outside of the territorial
jurisdiction of this agency. Unless otherwise noted, this Order applies to both on and off duty
conduct. Conduct not mentioned under a specific rule, but which violates a general principle is
prohibited.
This Order is organized into eight principles governing conduct unbecoming a Marshal. Each
principle is followed by the rationale explaining the principle and a set of rules.
Marshals shall conduct themselves, whether on or off duty, in accordance with the Constitutions
of the United States, XI Anu Nation and other treaty Tribes, the laws of XI Anu Nation Indians
and all applicable laws, ordinances and rules.
RATIONALE
Marshals perform their duties pursuant to a grant of limited authority from the community.
Marshals must understand the laws defining the scope of their enforcement powers. Marshals
may only act in accordance with the powers granted to them.
RULES
1. Marshals shall not exceed their authority in the enforcement of the law.
2. Marshals shall not disobey the law or rules of criminal procedure in such
areas as interrogation, arrest, detention, searches, seizures, use of
informants and preservation of evidence.
4. Marshals, whether on or off duty, shall not commit any criminal offense
under any laws of the United States, any State or local jurisdiction in
which the Marshal is present, except where permitted in the performance
of official duties under lawful authority.
51
Marshals shall refrain from any conduct in an official capacity that detracts from the public's
faith in the integrity of the criminal justice system.
RATIONALE
Community cooperation with the tribal Marshal is a product of its trust that Marshals will act
honestly and impartially. The Marshal, as the public's initial contact with the criminal justice
system, must act in a manner that instills such trust.
RULES
1. Marshals shall carry out their duties with integrity, fairness and
impartiality.
4. Marshals shall not take action if they know it will violate the
constitutional rights of any person.
5. Marshals must obey lawful orders and refuse to obey an order that they
know would require illegal action. If an order needs clarification, the
Marshal shall, if feasible, request the issuing Marshal to clarify the order.
Marshals who refuse to obey an order will have to justify his or her actions.
6. Marshals who learn of or observe conduct that violates the law or policy
of this department shall report the incident to the Marshal’s immediate
supervisor who shall forward the information to the Chief Law
Enforcement Marshal. If the Marshal’s immediate supervisor commits the
misconduct, the Marshal shall report the incident to the immediate
supervisor's supervisor.
Marshals shall perform their duties and apply the law impartially and without prejudice or
discrimination.
RATIONALE
52
Law Enforcement effectiveness requires public trust and confidence. Diverse communities must
have faith in the fairness and impartiality of their tribal Marshal. Marshals should foster
harmony in their communities and perform their duties without regard to race, color, creed,
religion, national origin, gender, and marital status, status with regard to public assistance,
disability, sexual orientation or age.
RULES
Marshals shall not, whether on or off duty, exhibit any conduct which discredits themselves or
their Department or otherwise impairs their ability or that of other Marshals or the Department to
provide Law Enforcement services to the community.
RATIONALE
Marshals’ performance of their duties depends on the respect and confidence communities have
for the Marshal and Law Enforcement Marshals in general. Marshals must conduct themselves
in a manner consistent with the integrity and trustworthiness expected of them.
RULES
53
and under no circumstances while in uniform, except as provided for in
Rule 3.
2. Marshals shall not consume alcoholic beverages off duty to the extent that
the Marshal would be rendered unfit for the Marshal’s next scheduled
shift. An Marshal shall not report for work with the odor of an alcoholic
beverage on the Marshal’s breath.
4. Marshals, while on duty, will not commit any act which, as defined under
applicable law constitutes sexual harassment, including but not limited to,
making unwelcome sexual advances, requesting sexual favors, engaging
in sexually motivated physical contact or other unwelcome verbal or
physical conduct or communication of a sexual nature.
5. Marshals, while off duty, shall not engage in any conduct which the
Marshal knows, or reasonably should know, constitutes an unwelcome
sexual advance or request for sexual favor, or unwelcome sexually
motivated physical contact or other unwelcome verbal or physical
conductor communication of a sexual nature.
6. Marshals shall not commit any acts, which, as defined under applicable
law, constitute sexual assault or indecent exposure. Sexual assault does
not include a legal frisk or search.
7. Marshals shall not commit any acts which, as defined under applicable
law, constitute (1) domestic abuse, or (2) the violation of a court order
restraining the Marshal from committing an act of domestic abuse or
harassment, having contact with the petitioner, or excluding the Marshal
from the petitioner's home or workplace.
9. Marshals shall avoid regular personal associations with persons who are
known to engage in criminal activity where such associations will
54
undermine public trust and confidence in the Marshal or the Department.
This rule does not prohibit those associations that are necessary to the
performance of official duties or are unavoidable because of the Marshal’s
personal or family relationships.
Marshals shall treat all members of the public with courtesy and respect.
RATIONALE
Marshals are the most visible form of local government. Marshals must make a positive
impression when interacting with the public and each other.
RULES
Marshals shall not compromise their integrity, nor that of their department or profession, by
accepting, giving or soliciting any gratuity which could be reasonably interpreted as capable of
influencing their official acts or judgments or by using their status as a Marshal for personal,
financial, commercial or political gain.
RATIONALE
For a community to have faith in its Marshals, Marshals must avoid conduct that does or could
cast doubt upon the impartiality of the individual Marshal or the department.
RULES
1. Marshals shall:
55
a. Refuse favors or gratuities, which could be reasonably interpreted
as capable of influencing official acts or judgments.
This section does not prohibit Marshals from expressing their views on existing, proposed or
pending criminal justice legislation in their official capacity.
None of these rules prevent Marshals from engaging in the free expression of political speech in
their capacities as private citizens or members of tribal Marshal fraternal or labor organizations
to endorse political candidates or express views on political issues or other matters of public
concern.
56
Marshals shall not compromise their integrity, the Department's or profession's integrity by
taking or attempting to influence actions when a conflict of interest or appearance of a conflict of
interest exists.
RATIONALE
To maintain the public’s faith in the integrity and impartiality of Marshals and their department,
Marshals must not take or influence official actions where their actions would or could conflict
with their duties.
RULES
Marshals shall maintain the confidentiality of information available to them due to their status as
an Marshal.
RATIONALE
Marshals are entrusted with vast amounts of private and personal information or access to such
information. Marshals must maintain the confidentiality of such information to protect the
privacy of the subjects of the information and to maintain public faith in Marshals and the
Department.
57
RULES
1. Marshals shall not violate any legal restriction for the release or
dissemination of information.
The following regulations provide a basis for the orderly and disciplined performance of duties.
301.11 COOPERATION
Cooperation within the department is essential to effective Law Enforcement. All members are
charged with establishing and maintaining a high spirit of cooperation.
Marshal must at all times show respect to others and obey Marshal rank. When dealing with
other Law Enforcement agencies whether it is by correspondence or in person, all members shall
use their rank titles properly.
When acting in an official capacity, Marshals of the Department shall give their name and man
number to any person whom so requests.
Marshals shall be courteous to members of the public by performing their duties quietly,
avoiding harsh, violent, profane or insolent language and remaining calm regardless of
provocation to do otherwise.
58
Public support and cooperation is essential for Marshals to fulfill their responsibilities. Each
Marshal must understand that a positive work attitude depends on a desire and willingness to
serve the public.
GUIDELINES
5. Marshals shall refrain from harsh, violent, coarse, profane, sarcastic, insolent or
derogatory language, which would demean human dignity.
6. A Marshal shall observe, uphold and enforce all laws without bias or regard to
race, creed, gender, national origin, economic status, religion, age or sexual
orientation.
Marshals and civilian personnel of the department shall be punctual in reporting for duty when
scheduled to work. Repeated failure to report promptly when scheduled to work will be neglect
of duty. Sickness or illness must be reported promptly prior to the time the member is scheduled
to work. When sick, the member shall keep their Immediate Supervisor advised as to their status
and expected return to duty. A doctors note is required for all sick leave 3 days or longer.
Marshals shall maintain good physical condition to ensure their ability to handle all situations.
Marshals may use up to (4) hours of on-duty time per week to exercise. However, they must get
permission from their Sergeant and be readily available to respond to calls. Voluntary physical
fitness evaluations will be conducted semi-annually. Marshals may earn compensatory time
based on their overall fitness scores.
59
301.18A TRAINING
The Department recognizes the direct relationship between high-quality training and high-quality
job performance and supports a pro-active and professional training program. In addition, Peace
Marshal Standards and Training (POST) requires 48 hours of training every two years in order
for Marshals to maintain their certification.
1. Training requests are necessary for most training classes. Unless otherwise directed, an
employee who requests training shall provide the Chief of Tribal Marshal information
pertaining to the training.
a. New Marshal Training Program: The new Marshal training program includes all training
provided to new Marshals, including all orientations, POST and the Field Training
Program. The Field Training Marshals will manage all new Marshal training.
e. Unit Training: Unit training includes all in-service training conducted within a special
unit (e.g., K9, SWAT). The unit supervisors will manage the training, will inform the
Chief of Tribal Marshal prior to scheduling the training, and will provide a copy of lesson
plans and rosters.
60
Each employee will assist in identifying his/her own training needs, monitoring his/her own
career path, initiating training requests, attending training (once approved), and ensuring that
Administration receives verification of any completed training. Each supervisor will also collect
input from subordinates, assess Marshal/team training needs, and pursue appropriate training
opportunities for himself/herself and his/her subordinates.
3. Employee’s Responsibility
An employee will assist identifying of his/her own training needs, initiating training requests,
attending training (once approved), and ensuring that he/she receives verification of completed
training. It is an employee’s responsibility to check their training records and ensure that they
remain in compliance with the minimum number of hours required by POST every two years.
An employee attending training shall be responsible for his/her attendance and conduct. He/she
shall attend on-time in the proper attire, conduct himself/herself professionally, and will have all
necessary equipment for the training. An employee who misses scheduled training for any reason
shall contact their Supervisor and arrange for make-up training. If an employee receives a
subpoena after being approved for training, he/she will notify the prosecuting authority to
determine whether or not the case can be rescheduled. If not, the employee will attend court,
even if it means missing scheduled training.
4. Supervisor’s Responsibilities
A supervisor will collect input from assigned employees, assess their training needs, and pursue
appropriate training opportunities. Supervisors shall ensure that assigned employees sign up for
and attend required training. If an excused absence, such as illness or court, interferes with
scheduled training, supervisors shall ensure that the Chief of Tribal Marshal is notified and the
employee is rescheduled
5. Instructor Responsibilities
Instructors shall conduct all assigned training in a professional manner and shall dress in the
uniform of the day or appropriate attire.
6. Providing Training to Outside Agencies
Any training that is sponsored by the Department that will be attended by personnel from other
agencies shall be approved by the Chief of Tribal Marshal prior to distribution of any schedule or
announcement. As part of the approval process, the Chief of Tribal Marshal will consider
cost/benefit, liability, ethics, and Mille Lacs Tribal Tribal Marshal/XI Anu Nation Policy.
Charges to outside agencies will normally not exceed the actual cost of providing the training,
including development and delivery time for Department employees, materials, equipment, and
facilities. Department employees may be requested to provide training to outside agencies.
b. As off-Duty Employment
The employee shall meet the requirements of the Tribal Marshals policy on off-duty
employment. The Department will not compensate employees in any way for such
employment. Employees are prohibited from using Band equipment, facilities, or
property to perform outside employment.
NOTE: An exception to this policy may be granted for situations in which the department is
receiving a direct benefit from the instruction. An example is where an employee is teaching for
a POST accredited Academy or other government agency that provides law enforcement or
related training. In such cases, the employee’s Chief of Tribal Marshal shall approve the use of
any department time and materials.
Marshals shall not loiter in restaurants; service stations or other public places except for the
purpose of transacting department business or eating meals. Marshals shall not loiter in
department offices while engaged in activities that do not pertain to official business.
Marshals shall not sleep on duty. Duty is determined to be the Marshal’s regular scheduled shift.
301.21 SHOPPING IN UNIFORM
Marshals in uniform shall not shop and carry large quantities of merchandise unless directly
connected with Law Enforcement activity. The occasional stop for gas, milk or other small items
for personal use is allowed.
Marshals in uniform or while wearing any identifying part of the uniform shall not consume
alcoholic beverages while on duty except when necessary in the performance of duty. Off-duty
members shall not consume alcoholic beverages that result in the commission of an obnoxious or
offensive act. No Marshal will be on duty while impaired or under the influence of alcoholic
beverages or drugs, have an odor of alcoholic beverages or drugs on their breath when reporting
for duty or become unfit for duty as a result of such use. Employees of the Marshals are
prohibited from keeping any alcoholic beverages or drugs (except prescribed by a doctor) in
departmental vehicles, lockers, desks or drawers, refrigerators or storage bins unless such
beverages are evidence being prepared for proper inventory.
62
301.23 OFFICE KEYS
Marshals shall submit requests for duplicate keys to the Tribal Marshal Chief.
Marshals shall respond to all calls for Marshal assistance without delay. Emergency calls take
priority. All calls should be answered as soon as possible consistent with normal safety
precautions and vehicle traffic laws. Failure to answer a call for Marshal assistance is
justification for misconduct charges.
Except where circumstances make it necessary for members to report a matter or refer a
complaint to a more suitable member or agency, members shall be attentive to take suitable
action on reports and complaints. Proper requests for information or assistance shall be fulfilled
and members shall aid the person in otherwise obtaining the requested information or assistance
if the Marshal is unable to help.
All Marshals are responsible for the safekeeping and proper care of all property used by them
and belonging to the department. Property shall be used only for official business and in the
capacity for which such property was assigned. It shall not be transferred to any other member
without the explicit permission of the member's supervisor. Marshals will reimburse the
department for any lost or stolen items entrusted to the Marshal, belonging to the department.
Marshals must maintain all department property in good working condition.
Marshals shall immediately report in writing the loss of or damage toMarshals property assigned
to or used by them to their supervisor. Marshals shall notify their supervisor of any defects or
hazardous conditions existing in any Marshals equipment or property and be responsible to see
that such conditions are corrected.
63
301.27 SOLICITATION OF SPECIAL PRIVILEGES
Marshals shall not use their badge, uniform, identification card or position to solicit special
privileges for themselves or others. Marshals may only use their badge or other official
credentials to obtain admission to any public gathering when such use is in the course of official
duty.
Marshals shall not accept any gift, gratuity, and reward of money or other consideration for
services rendered in the line of duty to the community or to any person, business or agency
except lawful compensation by the Band.
Every Marshal is prohibited from buying, obtaining items of value from or selling to any
complainant, suspect, witness, defendant, prisoner or other person involved in a case which has
come to their attention or is a result of their employment.
Marshals shall not convert to their own use or have any claim in any found property or recovered
property or property held as evidence except through legal channels.
Off-duty Marshals shall, upon official notice of an emergency, report for duty immediately and
comply with instructions given at the time of the notification. Marshals will receive pay from the
time of their notification.
Marshals shall not perform any acts or make any statements oral, written for publication or
otherwise which to ridicule, criticize or bring discredit to the Department, the XI Anu Nation
Indians or its administration, in the performance of their official duties or interfere with or
subvert the supervision and proper discipline of Department members.
Every member shall refrain from making any statement or inference, which discredits another
Marshal, except when reporting to his supervisors as required by these rules. Every Marshal
shall accord courtesy, consideration and cooperation to every other Marshal.
All Marshals are required to take prompt and appropriate Law Enforcement action toward aiding
another Marshal exposed to danger or pending danger.
64
301.34 CITIZENS IN TRIBAL MARSHAL VEHICLES
No person will be allowed to ride in department vehicles, except members of the department,
individuals detained or being transported in the course of Law Enforcement or other person(s)
specifically approved by the Chief or supervisor. A citizen, for the reason of observation, must
sign a waiver form before they are permitted to accompany the Marshal. Ride-along release
forms must be given to the immediate supervisor 24 hours prior to the ride along.
Marshals shall notify the Chief of Tribal Marshal when notified of any civil action arising out of
their official duties. Marshals shall not use their positions with the department as a means of
forcing or intimidating persons with whom they are engaged in civil matters in order to settle the
case in their favor.
Marshals who accept or agree to accept compensation for any personal injury incurred in the line
of duty shall promptly notify the Chief.
Any assault upon an Marshal of this department acting in an official capacity must be reported in
writing to the Chief immediately. This written report should include the name of the Marshal
who has been victimized, the name of the suspect(s) and a brief description of the facts involved
and any injury sustained.
301.39 TESTIFYING
Any Marshal subpoenaed to testify for the defense in any trial or hearing against any
municipality or Law Enforcement agency shall promptly notify the Chief upon receipt of the
subpoena or such request to testify.
65
Marshals shall notify the Chief in writing within 24 hours of change of address or telephone
number.
301.41 TELEPHONE
All Marshals shall maintain a telephone in their residence. A personal cell phone may be
substituted for a land line telephone. Employees are to keep personal phone calls to a minimum.
Employees found to be using department issued phones excessively for personal calls, or during
their duty shift, for non-business purposes are subject to discipline
An employee assigned a cell phone will have his/her phone on and operating during normal duty
hours. Employees are issued a department owned cell phone and these phones are to be
principally used for official business only. Employees shall check the voice messaging system
regularly during the duty shift for messages and calls received. The cell phone number of an
employee will be provided to citizens when appropriate.
Employees issued Department i Phones will establish an Apple account using Department email
address. (optional)
Employees shall setup their voice mail box, identifying them by rank and last
name or first and last name.
Wi- Fi, Bluetooth, Airdrop will be off or in a setting to allow the employee to
monitor the connection prior to it being established.
Any applications added to Department issued phones will be at the expense of the
employee. Applications shall be work-related and relevant to the employee’s
assigned job.
Only XI Anu Nation email is allowed on Department issued phones and will be
the default account, not the i Cloud account.
66
Cell phone bills will be reviewed regularly for usage. The Chief of Tribal Marshal or his/her
designee may request an explanation of excess usage (more than the allocated minutes). An
employee may be responsible for reimbursing the Department for excess usage that cannot be
justified for business purpose.
These procedures govern the use of the cell phone camera by employees of the Nations Tribal
Marshals, including, but not limited to, photographing, processing, storage, dissemination, and
preservation of images.
The policy is intended to protect the evidentiary integrity of all images captured. No videotaping
or audio recording is authorized for evidentiary purposes using the cell phone, except when
provided below.
Cell phone cameras may be used when there are extenuating circumstances or for minor cases.
Department issued digital cameras, in squad cameras, and Marshal mounted cameras should
always be the first choice for processing evidentiary digital camera photos.
Evidentiary photos produced from a cell phone shall be entered as evidence in LETG-RMS and
considered the property of Mille Lacs Tribal Marshals. Any unauthorized distribution will be
subject to department disciplinary action up to and including termination, and/or criminal
prosecution.
Photos of non-evidentiary nature, training, and historical events are subject to the Data Policy.
Data
All data stored and/or collected on a Department issued phone is the property of the Ntions
Tribal Marshals. All phones are subject to inspection by an Employees Supervisor and the Chief
of Tribal Marshal.
Marshals are encouraged to use business cards for means of communicating with victims,
witnesses, and offenders, during their normal course of duties.
Marshals shall inform superiors of any matter coming to their attention that may affect the
welfare of the Department. Marshals will utilize the chain of command.
67
All Marshals shall promptly obey any lawful order from Maku Chief Marshal.
Failure to comply in a timely manner with any legal command or order, written or oral, issued by
a Maku Chief Marshal shall constitute a violation of this section.
Marshals and employees in doubt as to the nature or details of their assignment or orders shall
seek such information from their supervisors as necessary by going through the chain of
command. If an Marshal has a question about an order, the Order shall be obeyed so long as it is
legal and afterwards any question regarding a lawful order should be submitted to a higher
ranking Marshal. The responsibility for the effect of any lawful order issued lies with the
Marshal issuing it and not with the subordinate.
Marshals knowing of any other Marshal violating any law, ordinance, rule or order shall
promptly notify their supervisor in writing, unless the supervisor is the Marshal in question, in
which case the Marshal may go their step in the chain of command.
A Marshal temporarily acting as a supervisor shall be vested with the authority and responsibility
of that position as denoted in the position description.
Any Marshal receiving or initiating a written communication for transmission to a higher level
shall forward such communication to their immediate supervisor until the communication
reaches the person designated.
The Primary Marshal at the scene of a crime or other tribal Marshal incident is responsible for:
68
1. Summoning medical assistance and administering first aid to prevent further
injury or loss of life;
4. Any other action, which appears to be warranted in the best judgment of the
member.
The first Marshal on-scene (if not the primary Marshal) will conduct the above until arrival of
the primary Marshal.
All Marshals operating the tribal Marshal radio either from a mobile unit or in the office shall
strictly observe all regulations for radio operations as set forth in general orders and by the
Federal Communications Commission. Horseplay on the radio, interfering with transmissions by
another Marshal, will not be tolerated.
Marshals shall not mark, alter or deface any printed notices relating to the Department or other
government business. Posting any notice of a derogatory nature related to the Department,
government or any officials of either is prohibited. Unauthorized notices or correspondence will
be removed.
All Marshals and civilian personnel shall maintain the confidentiality of department business and
only give information to those authorized to receive it. Contents of any criminal record or report
filed with the Marshals shall not be exhibited or divulged to any person other than during the
process of an investigation, or to other duly authorized Law Enforcement Marshals or as
provided for under applicable law except as directed by a supervisor. Marshals shall not,
because of their position, obtain information from other agencies of government to be used by
the member personally or for personal gain.
Marshals shall not withhold facts or information relative to any criminal offense but shall report
the facts or information in accordance with proper procedure. No member shall retain in his or
her personal possession pictures, reproductions, diagrams, daily logs, accident reports or
information that is evidence of official Department business.
Marshals must truthfully answer questions or produce relevant documents and statements to a
competent authority in a departmental investigation.
No Marshal shall, in the line of duty; either directly or indirectly, recommend the employment of
any person as attorney or counsel. No Marshal shall suggest or recommend the name of any
bonding company to any prisoner or suspect.
301.59 REPORTING
Marshals must submit reports required in the performance of their duties at the end of their shift.
Supervisor may approve the submission of non-custodial arrest or incident reports on the
Marshal’s next duty day.
Supervisors will return any report that contains errors or is incomplete with instructions for
necessary correction.
70
No Marshal shall be granted any special privileges or be required to work fewer hours per week
than required of other Marshals of the Marshals of similar rank and assignment, or be exempted
from any rule or regulations to which other members with similar rank and assignment are
subjected except when the Chief of Tribal Marshal determines that public interest requires
assignment of a member of Law Enforcement to a special assignment.
If an Marshal is seriously injured or dies in the line of duty, the Chief of Tribal Marshal shall be
notified immediately. The Chief of Tribal Marshal will be responsible for notifying the next of
kin, issuing a press release and initiating an investigation.
Marshals shall be courteous to representatives of the news media provided but forward any
inquiry to the Chief of Tribal Marshal. Non-supervisory personnel shall not make statements to
the news media unless authorized to do so by the Chief of Tribal Marshal. No statements shall
be given that jeopardizes pending investigations and prosecutions.
Marshals must keep firearms in proper condition and be proficient in its use. Failure to do so may
be considered a violation of this regulation. Marshals must attend training and inspection when
officially directed.
Marshals must keep their manuals accurately updated and remain familiar with the contents.
Member found guilty of a misdemeanor shall be subject to such disciplinary action as may be
compatible with the nature of the offense. Members found guilty of a gross misdemeanor or
felony may be subject to immediate dismissal.
The Tribal Marshals has issued Department owned computers in Marshal cubicles and squad
cars..
71
MARSHALS OPERATIONS MANUAL
PURPOSE
Establishes procedures for promptly and thoroughly investigating complaints and taking
disciplinary action against an Marshal.
SCOPE
This Order applies to violations by Marshals of law, rules or Orders or complaints against
members (i.e. sworn civilian and temporary employees) of the Department submitted to
supervising Marshals by complainants in person, by telephone or in writing, either signed or
anonymous.
Supervisory Marshals have the authority to impose an emergency suspension until the next
business day on a member when it appears that it is in the best interest of the Department. A
suspended member and the supervising Marshal who recommended or imposed the suspension
shall report to the Chief at 1000 hours the next business day unless circumstances require special
action. Discretion will be used when exercising such discipline, which will be used only when
the offending member has failed to respond to previous supervisory commands. Care must be
taken to ensure that critical assignments are not left uncovered as a result of a suspension action.
A written reprimand will be issued to an Marshal and their personnel file upon finding that a
violation of this Manual by an Marshal is sustained. A written reprimand will be issued when an
oral reprimand is insufficient.
72
302.04 ISSUANCE OF VERBAL REPRIMAND & WRITTEN REPRIMAND
10. Report unfit for duty for reasons other than would justify action under other
provisions of this order.
11. If a supervising Marshal, fail to act when observing any of the above.
Any member may be subject to reprimand, suspension from duty, reduction in rank, dismissal or
any one or more of the foregoing penalties according to the nature of the offense. When greater
disciplinary action is justified, either because of the circumstances or the offender's past record,
the procedures outlined in general Order 303 will be followed. Action under this section does
not prevent the imposition of a more severe disciplinary action by a higher authority when it is
felt that a lesser disciplinary action is being used to cover up conduct warranting more severe
disciplinary action. If a more severe disciplinary action results, any other disciplinary action
already taken will be taken into consideration.
73
302.06 REPORTING DISCIPLINARY ACTION
Reports of disciplinary action shall be forwarded to the Chief of Tribal Marshal by the use of
sealed envelopes.
74
MARSHALS OPERATIONS MANUAL
PURPOSE
To provide corrective action when members act improperly and protect them from unwarranted
criticism when they properly discharge their duties. A person who believes that a member acted
improperly is encouraged to bring a complaint. Complaints shall be handled in a prompt, just,
open and expeditious manner in accordance with these procedures. No reprisal shall be taken
against a person who brings a complaint or provides information in an investigation of a
complaint.
303.01 DEFINITIONS
1. A person who is not a member and has personal knowledge of facts giving rise to
a complaint or has reliable hearsay information may file a complaint according to
these procedures.
2. Any member of the Marshals can take a citizen complaint. Upon receiving a
complaint, the member shall fill out or assist the citizen in filling out an Initial
Complaint Form. The Initial Complaint Form will be forwarded to the Chief of
Tribal Marshal.
3. The Chief of Tribal Marshal will review the Initial Complaint Form
4. The Chief of Tribal Marshal will determine if the complaint warrants a Formal
Internal Investigation, Criminal Investigation, or counseling at the supervisory
level.
6. Complaints against the Chief must be filed in writing to the Maku Chief and the
same procedures set forth in this Order shall apply.
Upon receipt of an Initial Complaint Form, the Chief shall make an initial determination whether
the facts alleged warrant a formal investigation. In making this determination, the Internal
Investigator may meet informally with the complainant(s), accused member or witnesses. If the
Chief decides that an investigation is not warranted, the disposition of the complaint shall be
“Unfounded”. If the matter was based on a citizen's complaint, the complainant will be notified
in writing of this decision and the basis for the determination. The accused member will also be
notified in writing. If the complainant supplies additional information within thirty days of the
determination, the Chief may reverse this decision.
76
1. If the Chief determines that a formal investigation should be conducted, the Chief
will assign an Internal Investigator to investigate the complaint. The investigation
may be assigned to an external agency where there is the potential for criminal
charges resulting from the investigation or in any other situation where the Chief
believes that an external investigation is appropriate. If the complaint involves
allegations of criminal wrongdoing or the investigation reveals criminal
wrongdoing, the Chief may suspend the member with pay pending completion of
the investigation.
2. The investigator shall, as soon as possible after being assigned, inform the
complainant that an investigation has commenced and provide a business phone
number and update on the status of the complaint, unless the disclosure would
compromise an on-going investigation.
I wish to advise you that you are being questioned as part of an official
investigation of the Xi Anu Nation Marshals. You will be asked questions
specifically, directly and narrowly related to the performance of your
official duties or fitness for office. You are entitled to all the rights and
privileges guaranteed by the Indian laws and the Constitution of the
United States, including the right not to be compelled to incriminate
yourself. I further wish to advise you that if you refuse to testify or to
answer questions relating to the performance of your official duties or
fitness for duty, you could be subject to departmental charges, which
could result in your dismissal from the Tribal Marshals. If you do answer,
neither your statement nor any information or evidence, which is gained
by reason of such statement, can be used against you in any subsequent
criminal proceedings. However, admissions obtained during this formal
statement, may be used as evidence of misconduct and as a basis for
discipline.
77
Some, or all of the information you will be asked to provide, is classified
by
State law as either private or confidential data. Private data is information
that generally cannot be accessed by the public, but is accessible by the
subject of the data. Confidential data is information, which generally
cannot be accessed by either the public or the subject of the data. Other
persons or entities who are authorized by law to receive this information
are employees and officials of the XI Anu Nation who have a need to
know about the information in the course of their duties or responsibilities,
the subject of any private data, individuals who have obtained a court
order for the information, or other administrative proceedings which
results from the actions taken. If litigation arises, the information may be
provided in documents filed with the court, which are available to the
public. To the extent that some or all of the information is part of the basis
for a final decision on disciplinary action, that information is available to
the public
The investigation shall be concluded within thirty days of the accused member’s signature and
notice of the written complaint, unless, for good cause shown, an extension is granted in writing
by the Chief. The accused member and the complainant shall be informed in writing of any
extension in time.
2. The Chief may withhold issuing a disposition until any related criminal charges
are resolved. The complainant and the accused shall be so informed in writing.
4. If the complaint is sustained, the Chief shall take appropriate disciplinary action.
Such action shall be based on the investigative report and the accused member's
record of service. The disciplinary action may include counseling, remedial
education, an oral reprimand, a written reprimand, suspension with or without
pay, demotion or discharge. In making this decision, the Chief may consider the
severity of the infraction and any prior infractions committed by the accused.
Members who have a history of committing infractions may be discharged even
in cases where a conglomeration of "minor" infractions were committed in the
past. The Chief shall determine whether a violation is a major or minor
infraction.
5. After selecting the appropriate disciplinary action, the Chief shall issue a written
Findings of Fact that contains the following:
8. Within fifteen days after notification of the disposition, the complainant or the
accused member may request in writing that the Chief, for good cause shown,
reconsider his decision and reopen the investigation. If no request is made within
fifteen days, the disposition becomes final. If a request for reconsideration is
79
made, the disposition shall become final upon a decision on the request for
reconsideration or the completion of any additional actions directed by the Chief.
Not withstanding the foregoing, the Chief may reopen the investigation at any
time if substantial and relevant evidence is later discovered.
9. All employees of the Tribal Marshals can appeal the Chief’s disciplinary action,
via letter, to the Maku Chief within (5) working days of the notice of discipline.
10. The Chief may suspend an accused member with pay at any time during the
investigation of a complaint.
11. This procedure does not preclude any other disciplinary action for complaints of
misconduct not initiated by a citizen complaint.
1. Disclosure to the complainant, accused member and the public regarding disciplinary
data collected, created, received or maintained shall be done in accordance with this
manual .
2. All data collected, created or received by the Department in connection with this manual
shall be maintained in accordance with the Department's retention schedule.
1. Marshals are afforded the protection of the Peace Marshal Bill of Rights as stated in
Procedure Bill Of Rights Act.
A person cannot be deprived of his or her constitutional rights because they are suspected of
committing a crime. The task of determining the constitutionality of a law lays with a court of
law not an Marshal who seeks to enforce the law, as it exists. Marshals may enforce Band,
80
federal, State or local law without fear of abrogating a person's constitutional rights. Marshals
who lawfully act within the scope their authority do not deprive persons of their civil liberties.
Marshals may, within the scope of their authority, make reasonable inquiries; conduct
investigations and arrest on probable cause. Marshals do not exceed their authority when they
act reasonably.
Marshals must exercise control to make arrests and protect public safety. Control may be
achieved through advice, warnings, persuasion or the use of physical force. Marshals may only
use force that is reasonable and necessary. The use of reasonable physical force may be
necessary in situations, which cannot be otherwise controlled but can only be used when
reasonable alternatives have been exhausted or would clearly be ineffective under the particular
circumstances.
304.03 INTEGRITY
The public demands that the integrity of its Law Enforcement Marshals be above reproach. The
dishonesty of one Marshal may impair public confidence and cast suspicion upon the entire
Marshals. Marshals must avoid any conduct that compromises their integrity, that of other
Marshals or the Department. Marshals will be truthful and honest when questioned during the
course of a formal or informal (fact gathering) investigation.
304.04 COURTESY
Courtesy promotes understanding and appreciation. Discourtesy breeds contempt and resistance.
Courtesy is not a sign of weakness but rather firmness and impartiality that characterizes
professionalism.
304.05 COORDINATION
In carrying out the functions of Law Enforcement, members shall maintain the highest standards
of efficiency.
304.06 LOYALTY
Loyalty to the Band, the Department and other Marshals is important for Department moral and
efficiency. Members shall maintain loyalty to the Band, Department and other Marshals in
accordance with personal and professional ethics and standards.
81
304.07 FINANCIAL OBLIGATIONS
Employees should avoid incurring financial obligations, which are beyond their ability to
reasonably satisfy from their anticipated earnings. When financial obligations become financial
distress, it impairs an individual's effectiveness and tends discredit the Marshals.
Law Enforcement requires employees to work irregular schedules that are subject to change to
meet deployment needs. It is necessary that an employee have adequate rest in order to be alert
during their tour of duty. The Department may impose conditions on outside employment or
prohibit it. All members who seek outside employment, must have approval from the Chief of
Tribal Marshal. Full-time Probationary (1st year Marshals) may not be employed by another
Tribal Marshal Agency during their probationary period.
PURPOSE
To set standards of appearance for hairstyles and facial hair growth worn by members.
305.01 POLICY
1. Hair shall be neatly groomed and clean. Its bulk or length shall not interfere with
the normal wearing of all standard headgear.
2. Bushy hair protruding from the side or back of the head when a hat is worn is
prohibited.
82
b. Neatly trimmed sideburns that do not extend past the halfway mark of the
bottom hole of the ear and its maximum width at the bottom of the
sideburn shall not exceed 1 inch.
1. Plain-clothes members may wear their hair in conformance with the existing
contemporary standards.
305.04 EXCEPTIONS
Exceptions from this Order are for special assignment purposes only and must
have prior written approval from the Chief.
MARSHALS OPERATIONS MANUAL
PURPOSE
Unless otherwise ordered, on-duty members shall wear uniforms and equipment prescribed by
the Chief.
1. The uniform shall fit properly and be clean, neat, pressed and serviceable.
2. Members shall not report for duty wearing soiled, faded, torn or patched
uniforms.
4. Long sleeve uniforms are authorized year round. Short sleeve uniforms are
authorized as weather dictates. A uniform tie will be worn with the long sleeve
shirt. A navy blue/black turtleneck/mock turtleneck shirt/t-shirt worn beneath the
83
long sleeve shirt is acceptable in place of a tie. Uniform shorts are approved for
special events and as weather dictates and must be blue in color.
5. When the identifying portions of the uniform are worn, they must be worn in their
entirety. A Department issued breast badge must be worn on the left side of shirt
and jacket at all times while on duty. On shirts, Marshal shall wear the name
identification per the Class of uniform.
6. Uniform hats and white gloves shall be worn for all funerals. Hats will be worn in
a level position with the hat badge visible.
7. Leather shoes or boots shall be black and polished. Black nylon boots and shoes
shall be kept clean.
8. Buttons, including sleeve cuffs, must be fastened on shirts. (Sleeves not rolled
up.)
9. Identifying insignias from worn out clothing must be removed to prevent their
use.
11. Only approved equipment will be affixed to the belt or external carrier.
a. Class A Uniform - navy blue standard uniform slacks, long sleeved shirt,
tie, and coat or jacket if weather dictates. Metal Badge, collar brass and
nameplate. Class A will be required for court and formal events. Ties are
not required for court.
13. Marshals may wear their Class A uniform while attending court, or a sport coat
and tie with dress slacks. No blue jeans or t-shirts are allowed.
84
14. Baseball hats are authorized during inclement weather conditions. Baseball hats
will be blue or back in color and identify the wearer as “Tribal Marshal”. Plain
black winter style caps are authorized during frigid conditions. Small branding
symbols are permitted, but should not be predominate.
16. Marshals who are issued body armor by the department are required to wear the
armor at all times while on-duty responding to calls for service. Armor will be
worn beneath the uniform shirt or in an approved external carrier. Administrative
tribal Marshal personnel are exempt, but must wear body armor when responding
to calls for service.
1. Each uniformed Marshal will wear a duty belt, black in color, non-shiny finish.
Shiny finishes and over the shoulder straps are not permitted.
2. The holster shall be of matching finish or color with at least a threat level III
security.
3. All accessories to include handcuff case, aerosol case and magazine pouches will be
black in color.
4. Drop leg Taser Holsters and low ride firearm holsters are approved
5. Marshals are allowed to configure their duty gear to best suit their needs in the
performance of their duties.
6. Authorized duty gear of the ERT team is subject to approval by the Chief of Tribal
Marshal.
a. Marshals must carry a hand held radio when they are not in their patrol
cars. Marshals may leave their patrol cars more often in order to
personally investigate matters on foot.
b. The radio must be turned on and the Marshal must monitor their duty
station frequencies.
85
c. Marshals will turn their radios off when in the vicinity of a bomb threat.
Marshals will notify dispatch of their location prior to arrival and turning
off the radio
d. At fire calls.
g. Any other incident that takes a Marshal away from the patrol car.
86
MARSHALS OPERATIONS MANUAL
PURPOSE
To establish and define the work schedules, rest breaks and meal breaks.
The work year for full-time employees is two thousand eighty hours, (average forty hour week)
accounted by hours worked on assigned shifts, holidays, assigned training and authorized leave
time.
All full time administrative staff will work a five-day, forty-hour schedule between 8:00 a.m. to
4:30 p.m. or an equivalent number of hours by arrangement with the Chief. Weekend and other
hours when support staff are needed may be scheduled subject to general Order 309.0,
OVERTIME. Nothing contained in this or any other section shall be interpreted to be a
guarantee of a minimum or maximum number of hours employees may be assigned to work per
day or per week.
Each employee may take a forty-five minute meal break. A rest break of fifteen minutes shall be
provided to employees each morning and afternoon.
All full time Law Enforcement personnel who work scheduled eight (8) - ten (10) hour shifts,
shall take a forty five minute meal break during their shift and remain subject to call-out during
this period. Due to operational requirements, Marshals may not be able to take their meal break
during the appropriate time. In these instances, the employee shall be allowed an alternate
mealtime during the shift.
Marshals assigned vehicles equipped with radios shall begin and end their shifts by notifying the
appropriate dispatcher of their status via use of standard 10-code. All Marshals shall begin and
end their work shift within the geographical area, which they are assigned to patrol, unless, due
to operational requirements, it is not feasible to do so. In addition Marshals will log 10-8 on
their in squad computers if so equipped.
88
MARSHALS OPERATIONS MANUAL
SUBJECT: HOLIDAYS
PURPOSE
Full time employees are eligible for paid Band holidays. Employees not scheduled to work on
the holiday shall have a paid holiday. In order to qualify for holiday pay, full time employees
must work the last scheduled work day immediately preceding the holiday and the first
scheduled working day immediately following the holiday, unless the employee is on paid leave
or the absence is approved by a supervisor.
Full time employees scheduled to work on a holiday shall receive time and one-half (1 1/2) the
regular rate of pay for 8 hours worked on Band holidays. If the employees work a ten hour shift
they will receive compensatory time for the remaining two hours of the holiday at (1-½) times
the rate of pay.
PURPOSE
POLICY
309.01 It is the policy of this department to compensate hourly employees who work in
excess of forty hours per week at one and one half (1 ½) rate of pay for each hour
worked in excess of forty hours per work week.
Employees shall make every effort to complete their duties or assigned services
within the scheduled shift, work period or work week. Any hours worked beyond
the regularly scheduled work shift must have prior approval of a supervisor.
89
Employees may accrue up to 40 hours compensatory time for hours worked in
excess of forty hours per week. Compensatory time is accrued at (1 ½) rate of
pay.
All accrued compensatory time must be used by the end of the year (Dec 31)
unless approved by the Chief of Tribal Marshal to carry over unused time.
Marshals must submit in writing approval to carry over with an explanation why
the time was not utilized during the fiscal year.
All compensatory time not used or carried over will be forfeited on December 31
of the next year.
MARSHALS OPERATIONS
PURPOSE
To regulate identification cards that are distributed to Marshals in order to properly identify
them, ensure uniformity and maintain control.
310.01 POLICY
1. No I.D. card shall be carried other than the one issued by the Appropriate tribal
nation.
2. When an I.D. card is lost, stolen or destroyed, a general incident report explaining
in full details the loss or destruction must be submitted before a new card will be
issued.
5. I.D. cards are the property of the issuing tribal nation Marshals and must be
returned upon request or as required by this manual.
90
6. Marshals must give their badge number and name or present their official I.D.
card on the request of any citizen or they will be found in violation of this Order.
PURPOSE
To establish guidelines for executing search warrants for lawful searches and seizures of
evidence necessary for successful investigations.
1. INFORMATION NEEDED
iii. The property or things in the possession of any person with the
intent to use them as a means of committing a crime or the
property or things so intended to be used are in the possession of
another to whom they have been delivered for the purpose of
concealing them or preventing their being discovered; or
91
c. Particular description of things to be seized:
3. After a careful review of all reports and information available, the Investigator or
Marshal in Charge will be asked to complete search warrant request including:
a. Application for a search warrant. The original and two photocopies will
be needed. The original will be forwarded to the Court Administrator’s
Office following the execution of the warrant. One photocopy will be
provided to the owner of the property being searched. One photocopy will
be provided to the Marshals Records section.
c. Search warrant. The original and two photocopies will be needed. These
will be distributed in the same manner as the Application listed above.
d. Receipt, Inventory and Return form. This portion is not completed until
after the warrant is executed. This form will list all items seized during
the execution of the warrant. The original and two photocopies will be
needed. These will be distributed in the same manner as the Application
and the Search Warrant listed above.
4. Application must be made to a judge assigned to the Judicial District in which the
search is to be executed.
a. A Marshal must deliver to the issuing judge a copy of the warrant (part
one and two) when making the application.
Marshals may execute search warrants outside their normal jurisdiction (see
paragraph 4 Above). Contacting the law enforcement agency having jurisdiction
at location of the search is recommended, providing them an opportunity to assist
or be present at the time of the search.
a. Marshal safety.
c. The security of the items being sought. Generally, three Marshals is the
minimum number necessary to execute a warrant, with at least one
Marshal in uniform for entry purposes. This number should be increased
depending upon the magnitude of the search to be conducted.
1. A warrant must be executed and returned to the court from which it was issued
within ten days after issuance. A warrant is valid for ten days from its issuance,
as long as the probable cause recited in the affidavit exists at the time of
execution. A warrant should be executed as timely as possible to ensure that such
probable cause has not dissipated.
2. A warrant is valid for day time service only unless the facts in the affidavit justify
a night time search and a night time search is expressly authorized in a warrant.
93
4. Gaining entry to a private residence.
b. The same principles as with private residences also apply for entry of
commercial establishments.
1. Persons on the premises may be detained while the search is conducted when the
executing Marshals reasonably believe that the detained persons are involved in
criminal activity relating to the warrant.
2. Marshals may frisk any person on the premises whom they reasonably believe
may have a weapon concealed upon their person.
94
3. A person on the premises may be searched when:
c. The Marshal has reason to believe that the person has an object of the
search concealed upon their person.
311.05 ARREST
1. Upon completion of the search, a copy of the warrant and a receipt and list of
items seized during the search shall be given to the person from whom the
property was seized or left at the scene of the search.
2. The original warrant and the completed original of the Receipt, Inventory and
Return shall be returned to the issuing court as soon as practical.
95
SUBJECT: STOP AND FRISK
PURPOSE
To provide guidelines for lawful “stop and frisks.” Stop and frisk is a Law Enforcement practice
that involves the temporary detention, field questioning and limited search for weapons on
persons who are reasonably suspected of committing a crime, about to commit a crime, having
recently committed a crime or suspected of being armed.
312.01 DEFINITIONS
4. “Full Search” means a complete and unrestricted search of a person who has been
arrested to discover weapons, contraband and the fruits, instrumentalities and
evidence of a crime.
96
7. “Outer Clothing” means generally garments such as coats, waistbands and pocket
exteriors when inside heavy coats, hats, pants, cuffs, boot tops and other places
where, if touched, would reveal suspect is armed. See also Access Area.
8. “Pat Down” means feeling portions of a suspect's body where a weapon could be
concealed, including arms and armpits, waistline and back, groin and the entire
surface of the legs down to the feet; a limited search is a "frisk."
11. “Search” means either a full search based upon probable cause or incidental to
lawful arrest, or a limited search known as a "frisk," consisting of a pat down and
inspection of nearby access areas.
Marshals may contact any person and interview them when the Marshal reasonably believes the
interview is necessary and the Marshal is in a public place and the circumstances justify the
interview. An Marshal may not arbitrarily hold any citizen they see on the streets. Marshals
must identify himself or herself as an Marshal when asked. Persons contacted for interviews
must be permitted to leave if they choose to do so. Marshals may observe the person, however,
if the Marshal believes it is necessary and it is conducted in a reasonable manner.
An Marshal may stop a person and interrogate the person if the Marshal reasonably suspects that
person to be involved in criminal activity, including pedestrians and motorists. The Marshal
must be in a public place. A Marshal must identify himself or herself as an Marshal when
stopping persons for interrogation unless their identity is obvious.
97
Before a Marshal stops a person for interrogation, they must be able to describe suspicious
conduct or circumstances that justify the detention. Situations that may establish a lawful stop
and detention are:
d. The suspect's demeanor or presence is unusual for the time or the place.
Marshals must be able to articulate the reason why a person was detained and interrogated. They
do not need to point to any one thing that alone would justify the action, but may refer to several
things, each of which when taken alone may seem innocuous, but when considered together by
an Marshal who is trained and experienced in detecting criminal activity, raise a suspicion of
criminal activity.
1. WHEN DONE
98
a. Immediately after stop, if Marshal reasonably suspects the person is armed
prior to questioning; or
b. During or after stop, if grounds to suspect that the person is armed did not
exist at the time the encounter began, but later develop.
2. FACTORS TO CONSIDER:
Marshals must be able to articulate a reason why a person stopped was frisked. Marshals do not
need to point to any one thing that would justify their action, but may refer to several things
which when considered together by an Marshal who is trained and experienced in dealing with
criminal suspects, raise a reasonable suspicion that the person is armed.
1. PAT DOWN
Marshals shall feel the suspect's outer clothing and start at the place where a weapon would most
likely be concealed. This location will differ based on the type of clothing worn and weather.
The pat down should proceed to the next most likely places. Marshal shall feel every portion of
99
the suspect's body where a weapon could be concealed, including the arms and armpits, waistline
and back, groin area and the entire surface of the legs down to the feet.
2. INNER CLOTHING
Marshals shall open a suspect's coat or outer garments and pat down the inner clothing when the
garments worn are too bulky to detect a concealed weapon. An Marshal shall not open inner
clothing to pat down underclothing unless there is probable cause to extend the search and the
person is under arrest.
3. WEAPONS
A Marshal who has a reasonable suspicion that a weapon is concealed in a particular place on a
suspect may reach directly into that area to seize it. Marshals must be able to justify this action,
based on facts that led them to suspect that a weapon would be found at that location.
1. WEAPONS
When Marshals, during the course of a lawful frisk, feel an object or item that they reasonably
suspect is a weapon or dangerous instrument, they shall remove that object or item for closer
examination.
2. CONTRABAND EVIDENCE
SUBJECT: ARRESTS
PURPOSE
100
313.01 OUT OF JURISDICTION ARREST FOR CRIME COMMITED W/IN
JURISDICTION
1. Prior to arrest, notify the tribal Marshal or sheriff's department having jurisdiction
where the arrest is to be made.
4. After making the arrest and clearing the jurisdiction, notify the local authorities.
101
b. The crime constitutes a threat to public safety such that imminent danger
exists which is likely to result in death or serious injury if no enforcement
action is taken; or
c. Immediately notify local Law Enforcement agency of the stop and request
assistance;
d. Upon arrival of local authorities, turn suspect over to local authorities and
provide verbal account of incident leading to stop;
f. Complete report of stop and arrest for local authorities, provide them a
copy and file a copy with the Mille Lacs Band Marshals.
b. Transport suspect to the jail or Law Enforcement center within the local
jurisdiction;
1. A full time licensed Marshal employed by the nation may effect an off-duty arrest
for any violation committed within the Marshal’s presence and within the
territorial jurisdiction of the Mille Lacs Band.
2. Procedures
a. Detain suspect;
102
b. Contact XI Anu Nation administrative personnel and request an on-duty
Marshal to respond;
Full time licensed Marshals may make an arrest while off-duty, outside the
territorial jurisdiction of the XI Anu Nation only when the Marshal would be
justified in using deadly force as provided in this manual.
PURPOSE
314.01 POLICY
Marshals shall take the precautions necessary while transporting persons in custody to protect the
lives and safety of Marshals, the public and the person in custody.
314.02 PROCEDURE
1. Vehicle Inspection
a. At the beginning and end of each tour of duty, vehicles regularly used for
transport of persons in custody shall be inspected for readiness as follows:
103
i. The safety screen shall be securely in place and undamaged;
ii. All windows shall be intact and outer door latches in proper
working order;
iii. Rear door handles and window controls shall be deactivated; and
2. Handcuffing
a. Marshals shall handcuff (double lock) all persons in custody with their
hands behind their back and palms facing outward.
b. The Marshal may handcuff the person in custody with their hands in front
or utilize other appropriate restraining devices where the person:
i. Is obviously pregnant;
105
i. Marshals should use care when helping a person in custody into the
vehicle for transport.
ii.
If the vehicle has a security screen, but only one transporting
Marshal, the person in custody shall be placed in the back seat on
the right hand side of the vehicle. If the vehicle does not have a
security screen and has only one transporting Marshal, the person in
iii. custody shall be placed in the right front seat.
PURPOSE:
315.01 POLICY
Motor vehicle searches must be conducted in strict observance of the constitutional rights of the
owner and occupants of the motor vehicle being searched and with due regard for the safety of
all Marshals, other persons and the property involved.
315.02 DEFINITIONS
107
315.03 PROCEDURES
1. WHEN CONDUCTED
a. With Warrant
b. Without a Warrant
. ;
2. SCOPE OF SEARCH
a. Searches with a warrant. Marshals may search all areas of the vehicle
unless the warrant states otherwise.
b. With probable cause. May extend to all areas of the motor vehicle, unless
the probable cause is limited to a specific area.
d.
108
e. Incident to search of passenger compartment for weapons. Areas
immediately accessible to the vehicle's occupants may be searched but not
an area such as a locked glove compartment.
3. CONTAINERS IN VEHICLE
109
a. Unlocked containers in motor vehicles may be searched as follows:
iii. With consent: Containers may be opened provided that the terms
of the consent expressly permit or reasonably imply that the
particular container may be opened.
110
unavoidable, such damage should be confined to that reasonably necessary to
carry out a safe and thorough search.
6. ABANDONDED VEHICLES
7. SEIZURE OF EVIDENCE
111
XI ANU NATION TRIBAL MARSHAL OPERATION MANUAL
PURPOSE
To establish procedures for the proper emergency operation of law enforcement vehicles and
equipment.
316.01 DEFINITIONS
a. Traffic lights
112
b. Stop lights
c. Traffic Laws
3. Multi-Vehicle Response
There are incidents which require an immediate response, but where the use of the
siren may have a detrimental effect (i.e.: crimes in progress, or hostage
situations). If only the red lights are being used, the vehicle is not considered an
authorized emergency vehicle and the driver is expected to comply with traffic
control devices.
Marshals responding to emergencies must operate the emergency vehicle with due regard for
safety. When responding to emergencies, Marshals may violate certain traffic laws but do so in a
manner which will not jeopardize safety.
POLICY
Department Policy is to initiate a pursuit only when an Marshal has reasonable grounds to
believe the offender presents a clear and immediate serious threat to the safety of other
motorists or the public, which is ongoing and prior to the pursuit beginning, or the offender
has committed or is committing a violent felony.
317.01 DEFINITIONS
The tribal Marshal squad (authorized emergency vehicle) that initiates a pursuit,
or any other squad (authorized emergency vehicle) that assumes the lead
position in a pursuit.
D. SUPERVISOR
114
For the purpose of this section “supervisor” will include only on-duty
Marshals with the rank of Sergeant and above.
A threat which is present prior to the pursuit and which represents a willful
disregard by the occupants of the vehicle of the rights and safety of others which
reasonably places the public in imminent danger of great bodily harm or death.
115
B. If one of the factors in subsection “A” above are present, the Marshal
shall also consider the following factors prior to initiating the
pursuit:
1. The nature of the offense for which the pursuit was initiated;
2. The current driving behavior exhibited
by the
offender(s);
3. The time of day;
4. Road, weather, and vehicle conditions;
5. Any other risk presented by the pursuit itself;
6. Knowledge of the offender’s identity,
possible
destination, and previous activities;
7. The risk of harm to others from the offender’s escape.
C.
Marshals involved in pursuits must continually question whether the
seriousness of the crime(s) reasonably warrants continuation of the
pursuit.
117
Revised August 28, 2015
117
1. Reason for the pursuit;
2. Present location and direction of travel;
3. Vehicle speeds involved in the pursuit;
4. Description of vehicle and occupants
5. Number of occupants in the offender(s) vehicle;
6. Any safety factors that need to be noted;
7. If a hostage is involved, this fact, along with a
description and the exact location of the hostage in the
vehicle, if known.
118
assist at the termination of the pursuit. Assisting Marshals may
also be utilized in the stopping of the pursued vehicle.
119
a. All ground units involved in the pursuit will shut down
emergency equipment and cease emergency driving
activities.
b. The supervisor will determine how many units are
needed in order to track the vehicle based on the
information from the Aerial Unit.
c. With direction from the Aerial Unit, the supervisor will
direct and control ground units in a manner which
increasing constricts the perimeter surrounding the
vehicle in order to apprehend the offenders.
1. Only those Marshals who are trained and certified in the Pursuit
Immobilization Technique (PIT) are authorized to employ it.
1. Directed to do so by a supervisor
2. A supervisor is no longer in command of the pursuit
3. Requested to do so by the jurisdictional agency
4. Proper communications becomes a safety issue
C. When another agency’s pursuit does not meet the standards of this
policy, limited departmental participation may be provided if
resources allow, however such participation is restricted.
Department Marshals will not actively participate in the pursuit by
may provide the following safety measures.:
The primary unit will be responsible for ensuring that assistance is provided
to persons injured during the course of a pursuit. The primary unit may
delegate the responsibility to render the assistance to a specific support or
backup unit when they are immediately available to render assistance.
121
d. the outcome of the pursuit;
317. 09 EVALUATION
After each pursuit, the supervisor and department units involved with the
pursuit will evaluate the pursuit and make recommendations to the Chief of
Tribal Marshal on ways to improve the department's pursuit policy and
tactics.
122
XI ANU NATIONTRIBAL MARSHAL OPERATION MANUAL
PURPOSE
2. When involved in a crime and the vehicle itself constitutes or contains evidence.
5. The offenses of driving with a suspended license and failure to provide proof of
insurance do not justify impounding the driver’s vehicle.
A driver who is cited but not arrested is presumably capable of taking care of their
vehicle and is therefore not reasonable to impound the vehicle for the purposes of
safekeeping.
If a driver requests to make arrangements for the safeguarding of their vehicle,
Marshals will permit the driver a reasonable opportunity to make such
arrangements.
If someone is already present at the scene who can take custody of the vehicle, or
if someone arrives on the scene to take care of the vehicle, it will be released to
that person if the driver/owner consents to such arrangement.
a. The driver is the owner and consents to the vehicle being released to
another person. The vehicle shall be released to that person providing that
other conditions do not exist that would be contrary to this arrangement.
123
b. The driver is not the owner and the owner is present, the vehicle shall be
released to the owner providing that other conditions do not exist that
would be contrary to this arrangement.
c. The arrestee is removed from a vehicle parked upon his property, the
vehicle may not be impounded unless the arrestee requests that the vehicle
be towed or the vehicle is evidence, contains evidence or is reported
stolen.
c. Any other occupant is arrested and that person was not using the car to
commit a crime or was not seen in the car at the time of the offense, the
vehicle shall not be impounded except at their request.
7. When operated with unsafe equipment, the operation of the vehicle presents a
hazard to public safety.
Prior to towing the vehicle Marshals will conduct an Inventory Search of the
vehicle. Inventory Searches are considered a “caretaking event” and will be
conducted at the scene of the stop. Marshals may search the entire vehicle
including the trunk and engine compartments.
Marshals will not use an Inventory Search for the purpose of “Evidence
Gathering”. But items found during an inventory search may be seized without a
warrant.
124
318.02 PRIVATE TOWS
If a tow is required for a vehicle that is stalled at the scene of an accident where the owner or
driver is not arrested or removed for medical care and the vehicle need not be impounded for
investigation, the Marshal shall inform the owner or driver that a tow will be requested to remove
the vehicle and the responsibility of where the vehicle is to be taken is that of the owner or
driver. If the vehicle is not a hazard, the driver or owner may arrange for his own tow.
Removal of a vehicle from private property is the responsibility of the property owner or their
agent in the absence of a Marshal "hold" or "want."
318.04 REPORTS
4. The impound form shall be completed by the Marshal who impounds the vehicle
before the end of the shift.
125
318.05 VEHICLE INVENTORY
1. All contents of all impounded vehicles shall be inventoried, and articles of value
will be itemized on the impound form. Items of value will be defined as an item
with an individual value of $250 dollars and combined currency of $100 dollars.
Marshals performing the inventory may have to determine an item’s value based
on what a reasonable person may consider valuable and how the item is being
transported or secured. Money, jewelry, firearms and any other property having
substantial value and not affixed to the vehicle, may be brought to the
Department, inventoried and stored in the evidence room. Any article of
substantial value, which is so large that removing and storing at the Marshals
would be impractical, may be left in the vehicle and so indicated on the impound
form. Vehicle inventories will be thorough and ALL areas, secured and
unsecured, will be checked for items of value. Any movable/portable item of any
size used to transport or store any item of value, secured or unsecured, shall be
inventoried. The inventory of the items of value will be listed in the inventory
section of the vehicle impound form in Field Reporting.
A copy of the form will be left in the vehicle. Photographs of the inventoried
vehicle will be collected and entered into LETG.
2. Keys must remain with the vehicle except under circumstances when the vehicle
has evidentiary value or contains evidence. When these circumstances exist, the
keys shall be removed and property inventoried as evidence.
126
GENERAL ORDER: 319.0
EFFECTIVE DATE:
PURPOSE
To provide guidelines for the preparation and submission of traffic accident reports. The
guidelines will enable Marshals to provide a consistent response to motor vehicle accidents.
Marshals must submit a traffic accident report and, if needed, a supplemental report for motor
vehicle accidents involving:
3. Violations which the investigating Marshal intends to prosecute including hit and
run accidents.
1. Marshals are not required to prepare and submit a traffic accident report for motor
vehicle accidents which involve damage to private property only.
2. If the investigating Marshal believes that the circumstances of a particular traffic accident
(i.e., excessive dollar value in damage, age or maturity of the drivers) warrant the
preparation of a traffic accident report, the Marshal may submit a traffic accident report
and Initial Complaint Report. If the investigating Marshal elects not to prepare a traffic
accident report, the Marshal shall submit an Initial Complaint Report which contains in
the narrative portion: name(s), address(es), driver's license number(s), vehicle license
number(s), vehicle make(s), witness information, if available, insurance information and
any other information believed to be relevant.
127
3. If a traffic accident report will not be prepared, Marshals shall:
a. Insure that the roadway is safe for vehicular and pedestrian traffic;
c. Advise drivers if a traffic accident report will or will not be filled out.
Drivers or owners of vehicles may choose a towing service unless a delay would pose a potential
hazard to vehicle and pedestrian traffic or unnecessary delay in the performance of other duties.
Marshals may suggest towing services that are close and readily available. Marshals shall enter
the vehicle in the Impound Log if it is impounded.
128
GENERAL ORDER: 320.0
PURPOSE
To provide guidelines for accurate, complete and concise tribal Marshal reports involving tribal
Marshal activities.
. . Marshals will utilize a Records Management System in lieu of the Daily Activity Log.
1.
2. All tribal Marshal reports shall be complete and in detail for all offenses and
include pictures, when possible, and an estimated value of damage. All Marshals
assisting in any call , will complete a supplemental report, detailing their
involvement in the incident. The report shall not contain abbreviations, opinions,
conclusions or "10-code" terms.
Marshals will log all evidence under the “Evidence Tab” in the System.
Marshals will log all photographs and digitally audio recorded statements under
the “Media Tab” in the System tag.
129
5. Any additions or corrections must be completed on a supplemental report if the
original report has already been turned into records.
10. Each Marshal is responsible for evidence pertaining to a case including properly
marking and handling of evidence in accordance with this Manual.
11. Each Marshal will receive a copy of any memo, correspondence, directives, etc.
that pertains to him or works matters.
EFFECTIVE DATE:
PURPOSE
321.01 GENERALLY
News media report newsworthy events by obtaining information and photographs. The
opportunity to do so is momentary at an emergency scene. News media should not be
unnecessarily obstructed from doing their function, however, news media is not exempt from the
law.
Tribal Marshal lines prevent persons from entering areas of serious tribal Marshal incidents or
crimes. Depending upon the tactical situation and the likelihood of jeopardizing law
enforcement operations, representatives of the news media may be allowed in such areas but not
the actual crime scene or area which has been secured to preserve evidence. Marshals may
examine credentials of representatives of the news media. Representatives assume responsibility
for their safety if they voluntarily choose to subject themselves to danger by entering an area that
is closed because of a threat to public health or safety. Representatives may photograph or report
anything they observe when legally present at an emergency scene. Where publication of such
coverage would interfere with an official investigation or place a victim, suspect or others in
130
jeopardy, Marshals should advise the media or their superiors of the possible consequences of
publication.
The Chief or his designee will issue press releases. No information concerning the case shall be
released by anyone other than that information in the press release.
The following may be released upon the suspect being formally charged and arraigned:
2. The identity of the investigating and arresting agency and the length of the
investigation.
The following shall not be released at or immediately after the time of arrest:
6. Statements about the merits, evidence, argument, opinions or theories of the case.
131
EFFECTIVE DATE: REVISED: OCTOBER 15, 2014
PURPOSE:
To set forth the guidelines which govern the use of force by personnel of the Mille Lacs
TribalMarshals.
It is the policy of the Mille Lacs TribalMarshals to provide Marshals with guidelines for
the use of force and deadly force in accordance with:
This policy applies to all peace Marshals engaged in the discharge of official duties.
DEFINITIONS
1. Bodily Harm: physical pain or injury.
2. Great Bodily Harm: bodily injury which creates a high probability of death, or which causes
serious, permanent disfigurement, or which causes a permanent or protracted loss or
impairment of the function of any bodily member or organ or other serious bodily harm.
3. Deadly Force: force used by an Marshal that the Marshal knows, or reasonably should know,
creates a substantial risk of causing death or great bodily harm. The intentional discharge of a
firearm in the direction of another person, or at a vehicle in which another person is believed
to be, constitutes deadly force.
4. Other Than Deadly Force: force used by an Marshal that does not have the purpose of
causing, nor create a substantial risk of causing, death or great bodily harm.
5. Authorized Device: a device an Marshal has received permission from the agency to carry
and use in the discharge of that Marshal’s duties, and for which the Marshal has:
132
a. obtained pre-service and annual training in the technical, mechanical and physical
aspects of the device; and developed a knowledge and understanding of the law,
rules and regulations regarding the use of such a device.
Authorized Devices
Appropriate Department approved sidearm
Appropriate Department approved Rifle
Appropriate Department approved Shotgun
Appropriate Department approved special operating systems
Appropriate Department approved munitions
Collapsible Baton
Department Issued Taser
Department Issued Suspect Control Spray
133
a. Marshals should use the amount of force reasonably necessary to accomplish
the intended objective without impairing the safety of others. This provision
should not be construed to require Marshals to first use types and degrees of
134
force that reasonably appear to be inadequate to accomplish the intended
objective.
c. Marshals will carry and use only approved devices unless circumstances exist
that pose an imminent threat to the safety of the Marshal or the public,
requiring the immediate use of a non-approved weapon to counter such a
threat. This provision should not be construed as permitting Marshals to use
non-approved devices where, under the circumstances, it was feasible to
procure approval for use of the particular device prior to its use.
f. Threatening the Use of Force: an Marshal may announce to another his or her
intention to use reasonable force.
g. Before carrying a firearm, all Marshals shall receive training and instruction
with regard to the proper use of deadly force and to the agency’s policies and
State statutes with regard to such force. Such training and instruction shall
continue on an annual basis.
h. Before carrying an authorized device, all Marshals shall receive training and
instruction in the use of the device, including training as it relates to its use in
deadly force and/or other than deadly force situations. Such training and
instruction shall continue on an annual basis.
135
1. It is the policy of the Mille Lacs BandMarshals to accord Marshals the
discretion in the use of force to the extent permitted by Minnesota Statute, which
authorizes peace Marshals acting in the line of duty to use deadly force only when
necessary to:
a. Protect the Marshal or another from apparent death or great bodily harm
b. Effect the arrest or capture, or prevent the escape, of a person whom the
Marshal knows or has reasonable grounds to believe has committed or attempted
to commit a felony involving the use or threatened use of deadly force
c. Effect the arrest or capture, or prevent the escape, of a person whom the
Marshal knows or has reasonable grounds to believe has committed or attempted
to commit a felony, if the Marshal believes that the person will cause death or
great bodily harm if the person’s apprehension is delayed and
.
2. DESTRUCTION OF ANIMALS
b. Marshals may fire upon fleeing or running animals except when firing
presents a threat to human safety.
3. KNIVES
136
a. Use of knives as a weapon always constitutes deadly force. Marshals will
not use knives as weapons except under certain circumstances where
deadly force is otherwise appropriate and justified, and the knife is the
only instrumentality reasonably available.
1. MARSHALS INVOLVED
c. As soon as practicable, secure the crime scene and permit no one to enter
it, with the exception of responding medical personnel.
137
3. ON SCENE SUPERVISOR
Upon being advised of a deadly force incident, the shift supervisor must:
d. Upon receiving the preliminary report from the involved Marshal(s) and
regardless of the hour, advise the Tribal Marshal Chief of the nature and
status of the incident or make arrangements for him to be so advised.
e. Arrange for all involved Marshals to be removed from the scene as soon
as practicable.
f. Monitor and direct the incident using all appropriate tactics and
procedures.
i. Involved Marshals will not have their firearms taken away from them in
public if it can possibly be avoided.
l. Make no statements to the news media and insure that no other Marshal
(involved or not) makes any statements to them. All members of the news
media should be referred to the Chief of Tribal Marshal.
138
m. Arrange for all involved Marshals to have their blood and urine tested for
the presence of alcohol and/or controlled substances as soon as possible,
at a neutral hospital.
2. INVESTIGATION
3. PSYCHOLOGICAL COUNSELING
139
4. RELEASING INFORMATION
Until otherwise directed by the Tribal Marshal Chief, involved Marshals must not
discuss the incident with anyone, except:
d. A bona-fide clergyperson;
g. Except as approved by the Tribal Marshal Chief, the Marshal should refer
members of the news media to the Tribal Marshal Chief;
1. 1. Marshals shall complete the Use of Force tab in LETG when involved in any incident
involving the use of force.
140
XI ANU NATIONTRIBAL MARSHAL OPERATIONS MANUAL
1. GENERAL GUIDELINES
c. The Shift Sergeants will ensure that all duty firearms are regularly
inspected for cleanliness and serviceability. Any firearm that is found to
be unserviceable, out of factory specifications, modified in an
unauthorized manner, not on the approved list or so dirty as to adversely
effect its reliability will be immediately removed from service, and the
Marshal will be disciplined.
2. DUTY HANDGUNS
c. Barrel length must be not less then 2", no more than 6".
141
e. Grips (stocks) of the Marshal’s choice, as long as they are high quality
and do not interfere with loading, unloading, reloading or ambidextrous
operation.
1. REQUIREMENTS
a. Marshals shall not carry any firearm without having qualified within the
preceding year.
142
remain in non-sworn status for an indeterminate period of time, pending a
decision by the Tribal Marshal Chief with regard to remedial training,
reassignment, dismissal, etc.
2. QUALIFICATION COURSE
a. The official qualification course will be designed by the Lead Firearms
Instructor and will be fired at least once per year. The course shot must
have approval of the Chief of Tribal Marshal.
b. The curriculum for the other training sessions shall be composed and
designed by the Lead Firearms Instructor . The course shot must have
approval of the Chief of Tribal Marshal.
3. PATROL RIFLES
a. Marshals will carry only rifles approved by the Lead Firearms Instructor
and the Chief of Tribal Marshal. These weapons will be purchased from
an approved manufacturer in .223 caliber only.
d. Grips (stocks) of the Marshal’s choice, as long as they are of high quality
and do not interfere with loading, unloading, reloading or ambidextrous
operation.
f. All patrol rifles must, at all times, be serviceable and within factor
specifications. Except for grips and finishes, no significant modification or
alteration is permitted on patrol rifles.
143
g. Specifically forbidden are: trigger shoes, trigger stops, target triggers,
alteration or replacement of springs, adjustment of strain screws and
modification, removal or substitution of safety devices or other internal
parts.
i. Only rifles based on the Colt M-16/AR-15 (.223) caliber are authorized.
j. Patrol rifles will be stored in a secure place within the Marshal’s vehicles.
k. Patrol rifles must have a fixed rear sight, whether or not additional
sighting devices are used.
a. Off-duty Marshals may carry firearms but they must be concealed at all
times. This practice is optional and not required.
Off-duty Marshals shall not carry or display their guns when they are or
have been drinking or use a gun for showing off, horseplay or as part of a
prank. Dangerous, reckless or discourteous conduct will be cause for
disciplinary action.
Off-duty Marshals carrying firearms must also carry the badge and tribal
Marshal identification. The badge and tribal Marshal identification card
be kept together in a wallet/folder which can be held overhead and
displayed by the Marshal. It can also be displayed below the gun as the
gun is grasped in the normal, two-hand hold. Displayed that way, if
suspects see the gun, they see the badge simultaneously. This makes it
difficult for the suspect to later claim that Marshals did not identify
themselves. The wallet-folder also keeps the badge discreetly out of sight
until the Marshal chooses to display it.
144
2. OFF-DUTY/BACKUP HANDGUNS
a. GENERALLY
Marshals have the option to carry a second handgun but are not required
to.
a. GENERALLY
The criteria for duty side-arms applies to off-duty and backup side-arms. Off
duty side-arms require reliability, power, accuracy, control and suitability to
typical tribal Marshal situations. Off-duty side-arms also necessitate ability to
conceal, comfort and convenience.
b. Guidelines
ii. Allowable calibers are: .32 cal, .380 cal., 9mm cal., .40 cal., .45
cal., .357 magnum.
145
vi. Specifically prohibited: derringer-type handguns and sub-caliber
handguns.
d. Department Registration; The make, model and serial number of all off
duty and backup handguns must registered with the Department.
Purchases of off-duty weapons must be approved prior to purchase by the
Chief of Tribal Marshal and the Firearms Instructor and meet Department
standards. Off-duty weapons cannot be purchased under the Tax Exempt
Status.
e. Reloading Devices
f. Inspection; The Chief of Tribal Marshal will ensure that all off-duty and
backup firearms are regularly inspected for cleanliness and serviceability
by supervisory personnel. Any firearm that is discovered to be
unserviceable, out of factory specifications, modified in an unauthorized
manner, not on the approved list or so dirty as to adversely affect its
reliability will be immediately removed from service.
2. Marshals may be selected and provided with special training to bring them to a
high level of proficiency with some or all of these special weapons. These
Marshals will qualify annually with these weapons to remain proficient in their
ability.
146
3. Special weapons and munitions will be carried by “active status” ERT Marshals
only, with the exception of the .308 caliber rifle. The .308 caliber rifle may be
utilized by a non-ERT Marshal, who has special training and is qualified in its
use.
1. Specifications:
d. The ammunition must produce manageable recoil and muzzle blast so that
the Marshal can effectively control the firearm under rapid fire.
147
4. Purchase of Ammunition: The department will provide training and service
ammunition for department-issued firearms only. Marshals carrying privately
owned rifles must provide their own training and service ammunition. This
ammunition must be pre-approved by the Lead Firearms Instructor.
323.05 TRAINING
Marshals must be able to safely handle their weapon. The Department requires that all licensed
Marshals, be qualified to carry off-duty and service handguns. This order regulates firearms,
regardless of ownership, approved for use in the performance of tribal Marshal duties by
Marshals of this department. The department will provide qualification courses.
323.06 REQUIREMENTS
1. STANDARDS OF QUALIFICATION
iv. Training courses adapted by the Lead Firearms Instructor and approved
by the Chief of Tribal Marshal.
148
safety. The courses may be fired during daytime for practice.
Unsupervised training must have the approval of the Lead Firearms
Instructor.
3. SAFETY CONDITIONS
d. Only the Marshals actually firing shall have a weapon out of its holster. A
safety Marshal controls all activity where handling a weapon is required.
This means "dry fire" training also.
f. Marshals using other Department ranges will abide by the rules set forth
by that Department.
4. UNSUPERVISED TRAINING
c. The second Marshal shall act as the coach or safety Marshal who monitors
the firing Marshal’s actions.
d. Course scores shall be turned into the Lead Firearms Instructor for record
keeping after each range session.
g. Safety equipment will be issued before and returned after each session.
149
h. No POST credits will be approved because the time spent on the range is
indeterminate. The Lead Firearms Instructor will maintain training hours
when practice is needed.
323.06 Firearms
i.
i.
150
j. Firing from Moving Vehicles Prohibited; Except when the probability of injury
to innocent persons is less than the probability of injury when firing outside of a
moving vehicle.
151
XI ANU NATIONTRIBAL MARSHAL OPERATION MANUAL
PURPOSE
To maintain a respectful and professional work environment free of sexual harassment and
sexual discrimination, intimidation and coercion.
324.01 POLICY
Sexual discrimination and sexual harassment are against the law. Sexual harassment will not be
tolerated and disciplinary action will be taken.
4. Any suggestion, whether direct or indirect, that an employee's job security, job
assignment, conditions of employment or opportunities for advancement are in
any way dependent on the employee granting sexual favors to any other
employee, supervisor or manager.
5. Any action relating to an employee's job status which is affected by whether the
employee granted or refused to grant sexual favors to another employee or
affected by how the employee responded to sexual advances, sexual comments or
jokes.
2. If you believe you have been sexually harassed, you may contact the following:
3. No retaliation of any kind will occur because you have reported an incident or
suspected sexual harassment. We encourage you to help us keep the Marshals
free of harassment.
We reserve the right to amend and add to this manual at any time we choose.
154
XI ANU NATIONTRIBAL MARSHAL OPERATION MANUAL
PURPOSE
To establish guidelines and procedures for response to domestic abuse. Additionally, this policy
intends to:
3. Provide the same Law Enforcement resources for domestic abuse cases that are
available for other criminal cases;
4. Reaffirm Marshals' authority and duty to make arrests with probable cause;
5. Promote Marshal safety by ensuring that they are fully prepared to respond to
domestic calls;
325.01 INTRODUCTION
.Marshals must protect victims of domestic abuse by making lawful arrests and understanding
the law in this area. Marshals must aggressively enforce these laws without bias and prejudice
based on race, marital status, sexual orientation, social class, age, disability, gender, religion,
creed or national origin.
325.01 DEFINITIONS
155
1. Domestic Call: means a request for law enforcement assistance in general regard to: (1)
physical harm, bodily injury, assault or the infliction of fear of imminent physical harm,
bodily injury or assault, between family or household members; or (2) terroristic threats
(Minn. Stat Sec. 609.713, subd. 1) or criminal sexual conduct in the first through fourth
degree, committed against a family or household member, (Minn. Stat. Sec. 518B.01,
subd. 2 (a).
2. Domestic Abuse has the meaning given it in Minn. Stat. 518B.01, subd. 2(a), which
states: Domestic abuse means the following, if committed against a family or household
member by a family or household member:
a. physical harm, bodily injury, or assault;
b. the infliction of fear of imminent physical harm, bodily injury, or assault;
or
c. terroristic threats, within the meaning of section 609.713, subdivision 1;
criminal sexual conduct, within the meaning of section 609.342, 609.343,
609.344, 609.345, or 609.3451; or interference with an emergency call within the
meaning of section 609.78, subdivision 2
3. Domestic Abuse No Contact Order (DANCO): is an order issued under Minn. Stat.
629.75 by a judge in criminal court limiting contact between a defendant and a victim of
domestic abuse. DANCOs may be issued as pretrial condition of release and/or as a
probationary condition of sentence.
6. Family or Household Members: mean spouses, former spouses, parents and children,
persons related by blood and persons who are presently residing together or who have
resided together in the past and persons who have a child in common or where the
women is pregnant regardless of whether they have been married or have lived together
at any time or persons involved in a significant romantic or sexual relationship.
7. Harassment: has the meaning given to it in Minn. Stat. 609.748, subd. 1(a): a single
incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts,
words or gestures that have a substantial adverse effect or are intended to have a
substantial adverse effect on the safety, security, or privacy of another, regardless of the
relationship between the actor and the intended target.
156
8. Harassment Restraining Order (HRO): is an order issued under Minn. Stat. 609.748 by
a judge in civil court when a petitioner requests a court order preventing another person
from having contact with him/her. These orders generally prohibit all contact of any kind
(including, but not limited to, phone calls, letters, e-mail, social media and contact through
a third party) and may limit the respondent‘s ability to come within a certain distance of
the petitioner’s home, work or school. This type of order can be issued no matter what
the relationship between the individuals involved. Violating an HRO is a crime.
10. Stalking: has the meaning given to it in Minn. Stat. 609.749, subd. 1: engaging in
conduct which the actor knows or has reason to know would cause the victim under the
circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and
causes this reaction on the part of the victim regardless of the relationship between the
actor and victim.
1. The Marshal should respond directly and without unreasonable delay to the scene.
2. Upon arriving at the scene, Marshals will activate their body worn camera prior to
making contact with subjects at the scene. Marshals should identify themselves as
Marshals, explain their presence and request entry into the home. The Marshals
should ask to see the person who is the subject of the call. If the person who
called is someone other than the subject of the call, the Marshal should not reveal
the caller's name. The Marshals should check that all of the occupants are safe.
3. Entry
157
b. Forced Entry - If access is still refused and the Marshals have reason to
believe that a person is in imminent danger, Marshals are permitted to
force entry.
c. Search Warrant Entry - If Marshals are refused entry and have no legal
grounds for forced entry and they have reasonable grounds to believe a
crime has been committed, they should contact the supervisor and request
permission to obtain a search warrant.
4. After securing the scene, responding Marshals shall render the necessary first aid.
325.05 ARRESTS
After securing the scene and rendering any first aid, Marshals must begin a
criminal investigation to determine if there is evidence and probable cause to
believe that a crime has been committed. Marshals must not base this decision on
the victim's desire to make an arrest. The Marshals should collect relevant
physical evidence, take photographs of the scene or any injuries and take
statements from the parties and witnesses. Evidence and statements include:
a Condition of
clothing;
c. Property damage;
c. Belief that the victim will not cooperate with criminal prosecution or that
the arrest may not lead to a conviction;
f. Denial by parties that abuse occurred when there is evidence that the
abuse occurred;
4. Predominant Aggressor and Dual Arrests: The agency shall discourage dual arrest1. Where there are allegations
that each party assaulted the other, the peace Marshal shall determine whether there is sufficient evidence to
conclude that one of the parties is the predominant aggressor based on the following criteria and the Marshal’s
judgment:
1. CITATIONS PROHIBITED
Citations cannot be issued instead of arresting a person who assaulted the person's
spouse or other person with whom the person resides. (Minn. State. § 629.72)
325.07 AUTHORITY AND TYPES OF ARREST
159
1. Warrantless Probable Cause Arrest for Fifth Degree Assault or Domestic Assault:
Although the general rule is that Marshals may not make probable cause arrests for
misdemeanors unless the offense occurs in their presence (or a citizen who saw the
crime requests an arrest) domestic assault is an exception. A peace Marshal may
arrest a person anywhere without a warrant, including at the person’s residence, if
the peace Marshal has probable cause to believe that the person has, within the
preceding 72 hours, assaulted, threatened with a dangerous weapon, or placed in
fear of immediate bodily harm any person covered by the “family or household
member” definition, even if the assault did not take place in the presence of the
peace Marshal (Minn. Stat. 629.341). A peace Marshal acting in good faith and
exercising due care in making an arrest pursuant to this statute is immune from civil
liability that might result from the Marshal’s action.
NOTE: An arresting Marshal may not issue a citation in lieu of arrest and detention
to an individual charged with assaulting the individual’s spouse or other individual
with whom the charged person resides (Minn. Stat. 629.72).
2. Level of Arrest for Fifth Degree Assault and Domestic Assault: Misdemeanor,
Gross Misdemeanor and Felony: Assault in the Fifth Degree and Domestic Assault
are deemed misdemeanor offenses. However, changes in the statutes have greatly
increased the potential for arrests for these crimes at the gross misdemeanor and
felony level.
a. Gross Misdemeanors: Minn. Stat. 609.224, subd. 2(a), Assault in the
Fifth Degree, provides for an enhancement to a gross misdemeanor
violation when the offense is against the same victim within ten
years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency in Minnesota, or any
similar law of another state.
If the charge is Domestic Assault (Minn. Stat. 609.2242) and the
current victim is a family or household member and the crime occurs
within ten years of a previous qualified domestic violencerelated
offense conviction or adjudication of delinquency of any of the
above offenses against any family or household member, the same
gross misdemeanor enhancement applies. The prior conviction need
not be against a member of the same family or household.
3. Stalking: The acts which constitute stalking according to Minn. Stat. 609.749 include
several which are frequently applicable to domestic abuse situations even when no
actual assault occurred.
Also, according to Minn. Stat. 607.749., subd.1a., the State does not have to prove
the actor intended to cause the victim to feel frightened, threatened, oppressed,
persecuted or intimidated. The intent of the defendant is immaterial. Obtaining
a complete domestic abuse history is usually the key to making the
determination that the current act, under the circumstances, constitutes the
crime of stalking.
c. Venue (Minn. Stat. 609.749, subp. 1b.): If a suspect commits acts of stalking in
different counties, the acts may be consolidated and prosecuted in any county in
which one of the acts was committed. If the conduct that constitutes stalking is
done through use of a wireless or electronic communication device, the conduct
can be prosecuted in the county where either the suspect or victim resides.
4. Probable Cause Warrantless Arrest: The domestic abuse arrest statute (Minn. Stat.
629.72) provides an Marshal may not issue a citation in lieu of arrest in
harassment/stalking, domestic abuse, violation of an order for protection, or violation
of a domestic abuse no contact order cases. According to Minn. Stat. 629.34,
subd.1(c)(5) an Marshal may also make a warrantless probable cause arrest even if
the offense did not occur in the Marshal’s presence if the Marshal has reasonable
cause to believe the offense was a gross misdemeanor or felony (no 72 hour
restriction).
5. Probable Cause Felony Arrests for Other Crimes: At a domestic call peace Marshals
shall consider whether other felonies have been committed including but not limited
to, burglary, felony assault, terroristic threats, kidnapping, false imprisonment, and
witness tampering.
NOTE: An Assault 5 may be chargeable as burglary in the first degree even if the home
is also the offender’s if the entry is made without consent of the victim and in
violation of an OFP barring the offender from the premises.
6. Violation of Court Orders: The peace Marshal shall verify whether any of the
following orders exist before or during an arrest. The peace Marshal or someone
acting at the Marshal’s direction may make this verification. Methods of verification
include personally seeing a copy of the order or obtaining verification from the court
or law enforcement agency that has the actual order. The tribal Marshal report shall
162
include identifying information of the specific court order violated, including county
of origin, the file number, and the provision allegedly violated.
a. Order for Protection (OFP): A peace Marshal shall arrest and take into
custody without a warrant a person who the peace Marshal has probable
cause to believe has violated any condition of an OFP granted pursuant to8
MLBSA Sec. 414 and Minn. Stat. 518B.01, subds. 6, 7, and 9. Such an
arrest shall be made even if the violation of the order did not take place in
the presence of the peace Marshal, if the Marshal can verify the existence
of the order.
OFPs and DANCOs can be verified on the State MNJIS system, also
known as the Hot Files. HROs are not in the Hot Files system at
this time but are still enforceable.
b. Harassment Restraining Order (HRO): A peace Marshal shall arrest and take
into custody a person who the peace Marshal has probable cause to believe
has violated a harassment restraining order pursuant to Minn. Stat. 609.748,
subds. 4 and 5, if the Marshal can verify the existence of the order.
1. Staying at the Scene: If no arrest is made peace Marshals should remain at the scene
of the disturbance until they believe that the likelihood of further imminent abuse has
been eliminated. If a domestic abuse intervention program is available the peace
Marshal should make contact for immediate intervention.
164
NOTE: Minn. Stat. 629.342 provides that when a peace Marshal does not make an
arrest, the peace Marshal must provide immediate assistance to the victim including
obtaining necessary medical treatment and providing the victim with the notice of
rights pursuant to Minn. State. 629.341, subd. 3.
2. Notice of Crime Victims Rights: The peace Marshal shall enter victim notification
information into RMS in prebooking or MNI within the associated ICR. Marshal will
make a diligent effort to ensure the information is currant.
NOTE: It is important to routinely review these forms to ensure that they are current,
in compliance with the law, and contain the name of the local domestic abuse
program. The Department of Public Safety, Office of Justice Programs, produces the
crime victim’s rights notice and serves as the contact for the victim’s rights
information.
3. Services: The peace Marshal should contact the local domestic abuse program by
phone as soon as possible on all arrest situations and provide the name and address
of the victim and a brief factual account of events associated with the action. This
section shall not apply if prohibited by the Minnesota Government Data Practices Act
(Minn. Stat. 13.82, subd. 10,).
325.08 CHILDREN
1. Child Victims: If a child is present at the scene of a domestic call or is the victim of
domestic abuse, the peace Marshal should determine whether the child has been
subjected to physical abuse, sexual abuse, or neglect, and comply with the requirements
of MLBSA Sec 301 and Minn. Stat. 626.556, Reporting of
Maltreatment of a Minor. The Marshals shall also attempt to verify whether there
has been an Order for Protection (Minn. Stat. 260C.201). If the child has been
injured, the Marshal should escort the child to the nearest hospital for treatment.
2. Childcare; If the legal parent or guardian of a child cannot provide care (for example,
when the victim is hospitalized), the Marshal should consult with the legal guardian on
determining the disposition of the child and should make a good faith attempt to follow
the request of the legal guardian or parent. If a family member or individual consented
to by the legal guardian or parent to care for the child is not located,
Marshals will contact family services (XI Anu Nationand/or County of jurisdiction
and request their assistance in placement of the child.
3. Immediate Danger; If the Marshal reasonably believes that the child's immediate
surroundings or conditions endanger the child's health and welfare, the Marshal may
take the child into immediate custody pursuant to 8 MLBSA Sec. 203 and/or Minn.
Stat. Sec. 260.165 Subd. 1 (c) (2). Marshals will contact family services, XI Anu
Nationor County of jurisdiction for their assistance in placement of the child.
165
325.09 REPORTS AND FORMS
1. Written Report: Peace Marshals shall make a report after responding to a domestic
call. If the Marshal did not arrest or seek an arrest warrant even though arrest was
authorized, a detailed explanation of the reasons for the Marshal’s decision not to
arrest must be documented. The report should include the following:
a. detailed statements from the victim, suspect and witnesses;
b. description of injuries;
c. information about past abuse;
d. description of the scene;
e. predominant aggressor;
f. existence of language barriers;
g. presence of elderly victims or those with disabilities; and
h. documentation of evidence.
1. A domestic call shall be turned over to the appropriate investigator for further follow-
up if appropriate. If there is an arrest, the Marshal shall determine the defendant’s
criminal record, and if there is evidence of a previous conviction, the peace Marshal
should advise the prosecutors of any enhanced criminal sanctions which may be
available.
2. Notwithstanding the fact that the Marshal has decided not to arrest one of the
participants in the domestic call, the peace Marshal shall thoroughly document all
relevant information in the report and shall refer the report to the appropriate
prosecutor for review and consideration of criminal charges.
Enhancements Table
Conviction means a plea of guilty or verdict of guilty accepted by the court (Minn. Stat.§ 609.02, subd. 5).
Discharge from Offense means the time between conviction and the end of 5 years following discharge from
sentence for that offense.
QDVRO means a “Qualified Domestic Violence Related Offense” which includes a violation of or an attempt to
violate a domestic abuse order for protection; first or second-degree murder; first through fifth-degree assault; domestic
assault; female genital mutilation; domestic assault by strangulation; first through fourth-degree criminal sexual
conduct; malicious punishment of a child; terroristic threats; violation of harassment restraining order; stalking;
interference with an emergency call; and violation of domestic abuse no contact order (DANCO); and similar laws of
other states, the United States, the District of Columbia, tribal lands, and United States territories. (Minn. Stat. 609.02,
subd. 16)
Victim of Offense
Offense Time Limit Prior Conviction
Offense Level
w/in 10 years of conviction QDVRO Gross
Misdemeanor
Assault 5 Same Victim
w/in 10 years of discharge of QDVRO Felony
1st of 2 or more convictions
166
w/in 3 years of conviction QDVRO Gross
Misdemeanor
Any Victim
w/in 3 years of 1st of 2 or QDVRO Felony
more convictions
w/in 10 years of conviction QDVRO Gross
Family/Household Misdemeanor
Member
Domestic w/in 10 years of 1st of 2 or
(as defined in
Assault Minn. Stat.
more convictions for
QDVRO Felony
518B.01, subd. 2.) Domestic Assault or Assault
5
Assault 1-5, Domestic
Assault, Malicious
Malicious
Any Victim w/in 5 years of discharge Punishment, Criminal Felony
Punishment Sexual Conduct 1-4, or
Terroristic Threats
Violation of w/in 10 years of conviction QDVRO Gross
Order for Misdemeanor
Protection or
Any Victim
Harassment w/in 10 years of discharge of
QDVRO Felony
Restraining 1st of 2 or more convictions
Order
Stalking Any Victim w/in 10 years of conviction QDVRO Felony
Interference Interference w/ Privacy Gross
Any Victim None or Stalking Misdemeanor
w/ Privacy
a. The department may, either in response to observed warning signs or at the request of a
law enforcement Marshal, intimate partner, or other family member, provide non-
punitive avenues of resources before an act of domestic violence, stalking or sexual
assault occurs.
b. Marshals are encouraged to take personal responsibility in seeking confidential referrals
and assistance from the department/XI Anu NationEAC to prevent a problem from
escalating to the level of criminal conduct against an intimate partner.
c. All reports of possible criminal activity implicating Marshals in domestic violence,
stalking or sexual assault situations shall be documented in accordance with the policies
governing the handling of reports of domestic violence, stalking or sexual assault
involving civilians.
d. The on-scene supervisor or Primary Marshal assigned to the call, if there is not a
supervisor on duty, shall forward a copy of the report alleging domestic violence, stalking
or sexual assault by the law enforcement Marshal to the Chief of Tribal Marshal. This
may be done through notification via the LETG system.
e. Marshals will give victim(s) information on obtaining help from the XI Anu Nation
Women’s Project and/or the Pearl Crisis Center. Marshals also shall notify the XI Anu
NationWomen’s Project and/or the Pearl Crisis Center at the time of the assault or
incident.
f. Marshals who engage in the following actions may be subject to discipline up to and
including dismissal:
l. If a law enforcement Marshal is arrested for domestic violence, stalking or sexual assault,
the immediate seizure of weapons from the arrested law enforcement Marshal shall be
168
pursuant to the individual agency’s policies and procedures and/or court order. All state
and federal statutes, laws and rules shall apply. The ongoing possession and eligibility
to carry any weapon by the arrested law enforcement Marshal shall be in accordance with
all state and federal statutes, laws and rules.
m. The surrender of weapons from law enforcement Marshals who are the subject of
personnel misconduct investigations shall be pursuant to this manual’s policies and
procedures.
n. Marshals who are named in protective orders shall be subject to state and federal statutes,
laws and rules with regard to any weapons.
o. If the Chief is the suspect or offender, the responding law enforcement Marshal will
notify the Deputy Chief of Tribal Marshal. If the Chief is arrested, all applicable agency
policies and procedures shall be adhered to with regard to the surrender of weapons. All
state and federal statutes, laws and rules pertaining to the possession and eligibility to
carry weapons shall apply.
p. Marshals who learn they are the subject of a criminal investigation of domestic violence,
stalking or sexual assault, regardless of jurisdiction, are required to immediately make a
report to their supervisor or administration and provide notice of the court dates, times,
appearances, and proceedings.
q. Marshals who learn they are the subject of a qualifying protective order, whether or not
the order is issued and regardless of jurisdiction, shall immediately notify their supervisor
or administration and provide a copy of the order, if issued. If subject to a qualifying
protection order, the law enforcement Marshal shall surrender all department issued
firearms. Marshals who are the subject of a qualifying protective order shall be subject
to all federal and state statutes, laws and rules with regard to the possession of and
eligibility to carry a weapon.
r. If the suspect of a domestic assault, stalking or sexual assault is a Mille Lacs Tribal
Tribal Marshal Marshal, the case shall be investigated by another agency at the time the
call is responded to, or as soon thereafter as possible. This decision shall be made by the
on duty supervisor or the Primary Marshal if there is not a supervisor on duty. After the
initial investigation, the case shall be reviewed by the Chief or their designee the next
business day for submission to another law enforcement agency for review in order to
avoid any perceived or actual conflict of interest.
s. The Chief of Tribal Marshal adhering to Minnesota Data Practices will notify the
employing agency of the arrested law enforcement Marshal by the next business day.
t. The Chief of Tribal Marshal will see that the victim is afforded all the rights and
protections under the Family Violence Protection Act.
u. A supervisor of the respective agency will be called to the scene when there is a call on a
law enforcement Marshal involved domestic violence, stalking or sexual assault incident.
No Marshal shall be the only arresting Marshal on a scene involving a fellow law
enforcement Marshal. Marshals, , shall run an audio recorder.
v. Once an arrest is made and goes to charge, the Chief will address with the department
Marshals the conduct of acting in support of the Marshal being charged. No Marshal
shall intimidate victims through dress (uniform) when attending a court proceeding
involving the victim of the crime. There will be no intentional acts of intimidation
169
against the victim. If an Marshal is not on duty they are not to use department equipment
to attend a court proceeding.
PURPOSE:
170
It is the policy of the Mille Lacs TribalMarshals to establish guidelines and responsibilities for
the consistent response to and investigation of all reports of missing and endangered persons as
defined in Minnesota Statutes , Chapter 299c.52 subd. 1 (c) and (e) (“Minnesota Missing and
Endangered Persons’ Program” referred to as Brandon’s Law). The statutorily mandatory
procedures are highlighted in bold print. This policy addresses investigations where the person
missing has been determined to be both missing and endangered and includes all procedures
required by Minnesota Statutes Chapter 299C.52.
326.01 INTRODUCTION
The Mille Lacs TribalMarshals recognizes there is a critical need for immediate and consistent
response to reports of missing and endangered persons. Decisions made during the preliminary
stages have a profound affect on the outcome of the case. The Department has established the
following responsibilities and guidelines for the investigation of missing and endangered
persons. All peace Marshals , employed by this agency, will be informed of and comply with the
procedures contained in this policy.
326.02 DEFINITIONS:
1. “Missing” means the status of a person after a Law Enforcement agency received a report
of a missing person, conducted a preliminary investigation and determined that the
person cannot be located. Minn. Stat. Sec. 299C.52, subd. 1, (c).
2. “Endangered” means a Law Enforcement official has received sufficient evidence that
the missing person is at risk of physical injury or death. The following circumstances
indicate that a missing person is at risk of physical injury or death:
171
3. “Child” means any person under the age of 18 years or any person certified or known to
be mentally incompetent. Minn. Stat. Sec. 299C.52, subd. 1, (a).
This agency will respond according to the following six types of general procedures:
• Initial Response
• Initial Investigation
• Investigation
• 30 Day Benchmark
• Prolonged Investigation
• Recovery/Case Closure
172
2. Dispatch an Marshal , to the scene, to conduct a preliminary investigation to
determine whether the person is missing, and if missing, whether the person
is endangered.
4. Interview the person who made the initial report, and if the person is a child, the
child’s parent(s) or guardian(s). Interview the individual(s) who last had contact
with the missing person.
5. Determine when, where, and by whom the missing person was last seen.
6 Obtain a detailed description of the missing person, abductor, vehicles, etc. and
ask for a recent photo of the missing person.
173
10. Update additional responding personnel.
11. Communicate known details promptly and as appropriate to other patrol units,
local law enforcement agencies, and surrounding law enforcement agencies. If
necessary, use the National Law Enforcement Telecommunications Systems
(NLETS) and the Minnesota Crime Alert Network to alert state, regional and
federal Law Enforcement agencies.
13. Secure the crime scene and/or last known position of the missing person and
attempt to identify and interview persons in the area at the time of the incident.
14. Obtain the protect uncontaminated missing person scent articles for possible use
by canine searches
15. Activate protocols for working with the media. (AMBER Alert, Minnesota Crime
Alert Network).
5. Search the home or building where the incident took place and conduct search
including all surrounding areas. Obtain consent or a search warrant if necessary.
326.06. INVESTIGATION
1. Set up a command post/operation base away from the person’s residence. Know
the responsibilities of the command post supervisor, media specialist, search
coordinator, investigative coordinator, communications Marshal, support unit
coordinator and two liaison Marshals (one at command post, one at victim's
residence). The role of the liaison at the home will include facilitating support
and advocacy for the family.
2. Establish the ability to "trap and trace" all incoming calls. Use assigned cellular
telephone for agency use. Avoid using the victim's home telephone for agency
use.
5. Obtain child protective agency records for reports of abuse on child from both
Mille Lacs Tribal Family Services and County Social Services.
6. Review records for previous incidents related to the missing person and prior
tribal Marshal activity in the area including prowlers, indecent exposure,
attempted abductions, etc.
7. Obtain the missing person’s medical and dental records, fingerprints and DNA
when practical or within 30 days.
175
9. Interview delivery personnel including employees of gas, water, electric and cable
companies; school bus drivers; post office; sanitation company; etc.
11. For persons’ under the age of 21, contact the National Center for Missing and
Exploited Children (NCMEC) for photo dissemination and other case assistance.
12. Determine what assistance is necessary and utilize local and state resources
related to specialized investigative needs, including:
13. Secure electronic communication information such as the missing person’s cell
Phone number, email address(s) and social networking site
information.
14. Appoint an Marshal who shall be responsible to communicate with the family/
Reporting party or their designee and who will be the primary point of contact
for the family/reporting party or designee. Provide contact information and the
family information packet (if available) to the family/reporting party or
designee.
176
*** MISSING FOR OVER 30 DAYS
If the person remains missing after 30 days from entry into NCIC the local law
enforcement agency will be contacted by the BCA Missing and Unidentified Persons
Clearinghouse to request the following information (if not already received)
* DNA samples from family members and, if possible, from the missing
person.
* Dental information and x-rays
* Additional photographs and video that may aid the investigation or
identification.
* Fingerprints and other specific identifying information.
* This information will be entered into the appropriate databases by
BCA Clearinghouse personnel.
* If the person is still missing after 30 days, change the NCIC
classification to endangered.
2. Consider the use of polygraph for the parents, spouse, and other key
individuals.
3. Re-read all reports and transcripts of interviews, revisit the crime scene, review all
photographs and videotapes, re-interview key individuals and re-examine all
physical evidence collected.
10. Re-contact the National center for Missing and Exploited Children (NCMEC) for
age progression assistance.
177
11. Periodically check pertinent sources of information about the missing person for
any activity such as phone, bank, internet or credit card activity.
11. Maintain contact with the family and/or the reporting party or designee as
appropriate.
ALIVE
2. Conduct a careful interview of the person, document the results of the interview
and involve all appropriate agencies.
4. Notify the family/reporting party that the missing person has been located. In
adult cases, if the located adult permits the disclosure of their whereabouts and
contact information, the family/reporting party may be informed of this
information.
6 Cancel alerts (Minnesota Crime Alert, AMBER Alert, etc.), remove case from
NCIC (as required by MN Statute 299C.53 subd 2) and other information
Systems and remove posters and other publications from circulation.
DECEASED
6 Perform constructive post-case critique. Re-assess the procedures used and update
the department’s policy and procedures as appropriate.
179
MILLE LACS BAND POLICE OPERATIONS MANUAL
GENERAL ORDER:
EFFECTIVE DATE:
327.0
MARCH 1, 1996
When property damage and / or personal injury to citizens occurs during the performance of
duties, Marshals will write a general report stating all information known about the case
including the name of the citizen's insurance carrier.
Marshals must report any accident damage to Band property. Additionally, Marshals will fully
investigate injuries to citizens suffered on Band property and transmit the reports to the Solicitor
General’s Office.
GENERAL ORDER:
EFFECTIVE DATE:
328.0
PURPOSE
To establish guidelines for the use and care of Department issued take home patrol car. Patrol
cars are a privilege afforded the Marshals by the Mille Lacs Band.
329.01 POLICY
It is the policy of the Mille Lacs BandMarshals to issue take home cars to Marshals for the
purpose of rapid response to emergency situations. Marshals are expected to obey all traffic laws
of the State of Minnesota, on or off-duty, while in their patrol car. Marshals must reside within
forty miles of District I, II, III, to be eligible for a take home car. Those Marshals residing
outside of the forty mile radius must leave their cars at their duty station unless arrangements are
made to park them elsewhere pending the Chief of Tribal Marshal’s approval.
Marshals will carry their department issued handguns at all times while operating their take
home car.
Marshals will have identification to include their badge of office, ID card, and article of clothing
(jacket, windbreaker) that identifies them as an Marshal, if off-duty.
While off-duty, Marshals must wear a collared shirt while operating the take home car.
Marshals are responsible for the maintenance and appearance of their assigned cars.
Any violation of State law or this policy, on or off-duty, while operating a take home vehicle
will result in the loss of take home car privileges, to be determined by the Chief of Tribal
Marshal. 329.0
MARCH 1, 1996
PURPOSE
GENERAL ORDER:
EFFECTIVE DATE:
To identify crimes motivated by bias toward a person's race, religion, ethnic background or
sexual orientation and to define appropriate steps for assisting victims and apprehending
suspects.
329.01 POLICY
Marshals must safeguard the rights of all individuals irrespective of their race, religion, ethnic
background or sexual orientation. Acts or threats of violence, property damage, harassment,
intimidation or other crimes meant to harm these rights are unacceptable and will be given high
priority. The Department must give immediate attention to the security of the victims and their
families, identify perpetrators, make arrests and vigorously seek prosecutions.
329.02 DEFINITIONS
1. “Hate Crime” means any unlawful action designed to frighten, harm, injure,
intimidate or harass an individual, in whole or in part, because of a bias
motivation against the actual or perceived race, religion, ethnic background or
sexual orientation of the victim.
3. “Ethnic Group” means a group of persons of the same race or national origin who
share common or similar traits, languages, customs and traditions (e.g., Arabs,
Hispanics, etc.).
4. “Religious Group” means any persons who share the same religious beliefs
regarding the origin and purpose of the universe and the existence or
nonexistence of a Supreme Being (e.g., Catholics, Jews, Protestants, atheists,
etc.).
When an Marshal at the scene of a crime believes that it may have been motivated by racial,
religious, ethnic or sexual orientation bias (RRES), the Marshal shall:
1. Determine whether any perpetrators are present and, if so, take appropriate
enforcement measures;
2. Restore order to the scene and take necessary actions to gain control of the
situation;
3. Identify any injured parties and take steps to provide medical assistance;
1. The supervisor shall confer with the initial responding Marshal, take measures to
ensure that all necessary preliminary actions have been taken and inform an
immediate supervisor of the criminal act.
c. Ensure that all relevant facts are documented on an incident and / or arrest report
and make an initial determination as to whether the incident should be classified
as an RRES offense.
a. securing the scene to protect, preserve and process physical evidence and
removed it as soon as possible. If evidence of an inflammatory nature
cannot be physically removed (e.g., painted words or signs on a wall),
photograph the evidence, contact the owner of the property to remove
such material as soon as possible and follow-up to ensure that this is
accomplished in a timely manner;
f. coordinating the investigation with the identification and other units of the
agency and with outside agencies where appropriate;
g. maintaining contact with the initial responding Marshal and keeping him
informed of the status of the criminal investigation;
2. Investigators shall also take the lead role in providing ongoing assistance to the
victim by:
Hate crimes are crimes against the targeted victim and members of the victim's racial, religious,
ethnic or sexual orientation group as a whole. Working with members of these groups after a
hate crime reduces fears, stems possible retaliation, prevents hate crimes and encourages other
victims to report unreported crimes. To accomplish this, Marshals shall:
3. conduct public meetings on RRES threats and violence in general, and as it relates
to specific incidents;
PURPOSE
To provide guidelines for handling hostage situations to 1) assure the safety of the hostage and
2) capture perpetrators and recover property involved in the negotiations for the release of the
hostage.
330.01 GENERALLY
1. Criminals who take hostages to effect their escape are desperate and pose a threat to
hostages and the public until captured.
2. Marshals should use verbal and tactical tools at their disposal to arrest the suspect
without harming the hostage.
3. Hostage safety can be best assured by keeping them in the presence of Marshals and
preventing their removal by the suspect.
4. Exceptional situations could arise where judgment may allow removal of a hostage such
as where there is imminent and probable danger to human life.
330.02 GUIDELINES
3. Do not enter into a face-to-face conversation in an attempt to stall for time. This
could allow another opportunity to take another hostage. Establish telephone
communications, if possible.
6. Assistance should be sought from outside sources for a trained negotiator and or
other resources to aid in this situation.
8. Use deadly force only for the protection of self or others from death or serious
injury.
PURPOSE
To establish guidelines for the calibration, use and maintenance of Alco-Sensor III units,
preliminary breath test instruments.
1. The Chief shall direct an Marshal who is a certified "Intoxilyzer 5000" operator to be
responsible for calibrating units and maintaining calibration records for each unit by
serial number. Calibration logs shall be affixed to each unit's carrying case and removed
when full for placement in permanent filing.
2. Units should be calibrated at least once per month using the procedure in the instruction
manual prepared by Intoximeters, Inc which must be kept with the units at their storage
location.
Marshal must administer breath tests in accordance with procedures in the instruction
manual issued to Marshals during training for the unit. Instructions must be kept in the
carrying case of each unit and posted in the storage location. When not in use, units must
be kept in their carrying cases in the squad car.
SUBJECT: EXPLOSIVES
PURPOSE
To provide guidelines for the safe identification of and disposal of blasting caps and
common explosives.
332.01 GENERALLY
Explosives are perhaps the most dangerous items Marshals may encounter. Despite their
size, they are extremely powerful. Explosives may have as a filler, Fulminate of
Mercury, Lead Azide or Lead Styphnate. These compounds are very sensitive to heat
and shock, therefore, careful handling is required. Explosives may be electric and
nonelectric.
332.02 PROCEDURES
1. When such devices are found, Marshals must secure the area to prevent injury to
civilians.
2. Marshals must notify supervisory personnel when any types of explosives are found.
3. In cases where a threat was received and a suspicious package located, Marshals will
evacuate the area in case of detonation. Marshals will not handle any suspicious
packages.
PURPOSE
When a motor vehicle is the subject of a security instrument and purchaser is in default of
payment, the lender or his agent may take possession of the vehicle without court action. When
an Marshal is called while a vehicle is being taken through legal process, the Marshal must
preserve the peace and allow the vehicle to be repossessed.
If the vehicle is parked on Tribal (trust) Land and the purchaser is a XI Anu Nationmember or
other member of a federally recognized tribe, the re-possessor must have documentation of the
legal process obtained from Tribal Court in order to take possession of the vehicle.
If the re-possessor or his agent does not have documentation, Marshals shall request them to
leave the reservation and advise them that they need to follow proper replevin procedure.
If they refuse, Marshals may perceive this act as a trespass and may arrest such individuals.
When an Marshal is called upon to preserve the peace during the repossession of a vehicle which
is parked on public property or the property of a third party, the Marshal must verify that the
person attempting to repossess the vehicle has a copy of the note and a copy of the security
instrument or title to the vehicle. Only then shall the Marshal allow the vehicle to be
repossessed.
If the vehicle is on private property of the owner, the Marshal must not become involved in any
property dispute between the parties. The fact an Marshal is called when the vehicle is on
private property indicates a potential breach of the peace. The re-possessor or his agent should
be advised to obtain legal process through a replevin action.
PURPOSE
To require all Department personnel to maintain a telephone at their residence and report any
change of telephone number or address to the Chief .
2. At the start of their employment, employees must give their telephone number
and address to the Chief.
3. Each employee shall immediately inform the Chief of any change of address or
telephone number.
334.02 RESTRICTIONS
1. Staff and Marshals are strictly prohibited from giving out personal phone
numbers of Marshals. They will take the callers name, information, and phone
number and advise the party the Marshal will call them at a later time.
PURPOSE
5. Drowning cases.
7. Disasters, i.e. serious windstorms, major flooding, airplane crashes, blizzards, etc.
9. Events that require Department mobilization including call back of off-duty Marshals.
10. When, in the Marshal's judgment, notification necessary for Marshal welfare and safety.
12. Fatal motor vehicle accidents or potentially fatal motor vehicle accidents.
PURPOSE:
To provide guidelines for the care and use in field operations of the Department's canine unit.
336.01 POLICY
Trained Law Enforcement drug K-9’s are valuable for their superior sense of smell. Procedures
are necessary for the proper utilization of the Canine Team.
336.02 DEFINITION
“Canine unit” means a canine handler and their assigned tribal Marshal canine.
336.03 PROCEDURES
b. K-9 handlers must determine if a situation justifies canine use and the
appropriate measures that should be taken. Where the on-scene Marshal
disagrees with the handlers assessment the patrol sergeant shall be
notified. Where time does not permit such notification, the directions of
the K-9 Marshal shall be followed.
iii. a willingness (together with other family members) to care for and
house the canine at the Marshal’s residence with a secure outdoor
area for the canine that conforms with departmental requirements;
iv. a strong desire to work with canines and willingness to care for
and train the animal; and
a. Use of Force
ii. obtain medical treatment for the person. Medical personnel should
examine the affected area irrespective of the perceived seriousness
of the bite or injury;
iv. complete a use of force report whenever it has been alleged that a
canine has bitten or otherwise injured an individual. The report
must detail the circumstances surrounding the incident, the identity
of the individuals involved and any witnesses, the extent of the
injuries if known and measures taken in response to the incident.
The original report shall be filed in accordance with the
Department's use of force policy.
2. Drug Detection
Baggage
iii. the search is limited to inanimate objects in public places and the
exterior of student lockers unless reasonable suspicion exists to
search lockers and related areas.
ii. during a valid vehicle stop, the canine is used to sniff the vehicle's
exterior in an exploratory manner. Unless the canine alerts to the
vehicle, the operator may not be detained longer than necessary to
conclude the purpose associated with the initial stop.
a. Canine handlers are personally responsible for the daily care and feeding
of their canine including:
c. When the handler cannot perform these duties due to illness, injury or
leave:
e. Handlers shall not permit anyone to pet or hug their canine without their
prior permission and immediate supervision. Should a civilian express a
desire to do so, he should be informed that canines are serious working
dogs and that they can be dangerous if improperly approached.
g. K-9 handlers are authorized (5) compensatory hours per week for the
maintenance and training during off duty hours.
PURPOSE
To set forth regulations governing the appearance of Marshals in federal, state or tribal court to
provide testimony or other evidence.
Except in exigent circumstances, Marshals shall appear in court upon written notification
by subpoena. (Marshals shall not testify in a civil case unless legally subpoenaed to do
so. Marshals shall notify the Chief of any subpoenas.) Departmental court notification
form, teletype notice of implied consent hearing or any other written notice and follow
any instructions in the notification. Cancellation of a required court appearance may be
in a written judicial notice or telephone communication.
Marshals who are required to appear in Court may wear their duty uniform or a sport coat
and tie, with slacks or a three piece suit. Jeans, T-Shirts etc are not acceptable court attire.
Marshals who take annual or compensatory time over 30 hours must notify the Solicitor
General’s office, and their respective County Attorneys, to give notice they will not be
available for court. This must be documented on the Leave Request Form, prior to
approval by a supervisor for the requested time off. This form must be turned in 30 days
prior to the first day of leave.
Marshals are responsible to secure all necessary reports, notes or other evidence for a
court appearance on regularly scheduled duty time prior to the date of appearance. The
only exception is physical evidence secured in the property room which Marshals need to
arrange with the Department's Evidence room Marshal to retrieve for Court. Marshals
who receive subpoenas may, with the permission of the prosecuting attorney or other
judicial office of jurisdiction, make arrangements to be available for testimony upon
telephone notification. In such cases, it shall be the employee's obligation to be available
for receipt of the call, not the Department's.
337.03 COMPENSATION
2. Marshals are required to turn in a court overtime slip with their time sheets for
every court appearance during the week. If an Marshal goes over the minimum
two hours court time, the overtime slip with the adjusted hours must be signed by
the prosecuting attorney. Marshals who turn in an overtime slip with more than
two hours and without a signature will only be compensated for two hours.
PURPOSE
To establish guidelines for stopping and approaching motorists in a manner that promotes the
safety of the Marshal and the motorist.
338.01 POLICY
Stopping motorists for traffic violations or other purposes is a routine function of patrol
Marshals, but potentially dangerous. Motor vehicle stops shall be conducted professionally and
courteously and with the intent to educate motorists about safe driving. Marshals should take
necessary steps to minimize the dangers involved in stops for the Marshal, the motorist and the
public.
a. Marshals may stop only when they have reasonable suspicion to do so.
b. Once a decision has been made to stop a motorist, the Marshal shall select
a location that provides reasonable safety . .
d. Marshals will signal the operator to stop at the far right of the roadway or
at the safest shoulder by activating the overhead emergency lights and
siren as necessary.
i.
e. Marshals should position the tribal Marshal vehicle to provide the Marshal
protection from passing traffic as they approach the vehicle.
f. At night, the spotlight should not be used to direct the violator but may be
used to illuminate the vehicle's interior once stopped. Marshals should
use low beams if high beams would blind oncoming motorists.
2. Issuing Citations
b. During stops, violators should remain in their vehicle while the Marshal
writes the citation or conducts other business. Violators will not be
permitted to sit in the front seat of patrol vehicles while citations are being
written or other tribal Marshal business is being conducted. Standard
practice is to place a suspect in the rear seat of the patrol vehicle.
c.
a. Drive toward the extreme right side of the roadway and, as the violator
approaches, signal violators to stop by using hand signals and emergency
lights as they approach.
d. If the violator fails to comply with the Marshal’s instructions, the Marshal
should turn the vehicle around and pursue, stop and approach the violator
in the prescribed manner.
5. High-Risk Stops
b. An Marshal should not conduct a high risk vehicle stop alone unless
backup units will not be available in an appropriate amount of time or the
urgency of the situation demands immediate action.
e. When a two-Marshal unit initiates the stop, the Marshal with the best
observation point should issue verbal commands to vehicle occupants
through the vehicle's public address system, if available.
f. Once the suspect vehicle has stopped, exit tribal Marshal vehicle quickly
and assume positions of cover.
h. Order the operator of the suspect vehicle to: lower the window, remove
the ignition keys with his left hand, drop them on the ground, open the
door from the outside, step out of the vehicle, turn completely around,
face
away from the Marshals, walk backward until commanded to stop, kneel,
cross their feet and place hands behind their heads. Cuff and secure each
person. Other occupants should be similarly commanded until all are in
position to be handcuffed and searched.
a. Select a location for the stop that provides enough room for the vehicle
and sufficient stability to support the vehicle's weight. Allow the operator
sufficient time and distance to make the stop.
b. Approach the cab from the rear, using the driver's outside mirror to
observe the driver and activity in the cab.
c. Never climb onto the vehicle to make contact with the operator. Maintain
a position to the rear of the driver's door and ask the driver to exit the
vehicle if and when necessary.
PURPOSE
339.01 RESPONSIBILITY
To the extent practical, Marshals must use appropriate protective equipment as required in the
sections below.
339.02 DEFINITIONS
1. “Biohazard Bag” means a plastic bag capable of being sealed to ensure no leakage or
contamination spread. The Bio-Hazard bag will be clearly marked as a biohazard bag and
red in color.
2. “Blood” means human blood, human blood components and human blood products.
3. “Blood Borne Pathogens” means pathogenic microorganisms that are present in human
blood and body fluids that can cause disease in humans. The pathogens include, but are
not limited to, Hepatitis B Virus (HBV), Hepatitis C, Human Immunodeficiency Virus
(HIV), Malaria, Syphilis and Tuberculosis.
5. “Exposure Incident” means a specific eye, mouth or other mucous membrane or contact
with blood or other potentially infectious materials that results from the performance of
an employee's duties. An exposure incident includes a human bite.
10. “Regulated Waste” means liquid or semi-liquid or other potentially infectious materials,
contaminated items that would include released blood or other potentially infectious
material in a liquid or semi-liquid state if compressed, items that are caked with dry
blood or other potentially infectious materials that are capable of releasing these
materials during handling, contaminated sharp objects and pathological and
microbiological wastes containing blood or other potentially infectious material.
11. “Universal Precautions” means an approach to infection control where all human blood
and certain body fluids are treated as if known to be infectious for HIV, HBV and other
blood borne pathogens.
339.03 PROCEDURES
1. Assaults
Marshals encounter violent acts or accidents and potentially may be exposed to blood or other
body fluids containing blood. Attacks involving biting and sharp objects are commonly related
to arrests, routine interrogations, domestic disputes, lock up operations and correctional facility
activities. Hand to hand combat may result in bleeding increasing chances of blood to blood
exposure and the potential for blood borne disease transmission.
Whenever the possibility of exposure to blood or blood contaminated body fluid exists,
appropriate protection should be worn if feasible under circumstances. Extreme caution must be
used in dealing with suspects or prisoners. Gloves should be worn when blood is present or a
suspect or inmate is combative or threatens staff. When clothing becomes contaminated by
blood, an extra change of clothing should be available.
2. Cardiopulmonary Resuscitation
vi. When possible, use flash lights to search hidden areas such as
under car seats, etc. even in daylight.
When crime scenes involves large amounts of blood, Marshals must wear
protective gloves. Where there is blood on the floor or furniture,
protective clothing such as coveralls or aprons should be worn. These
extra outer clothes should be removed prior to leaving the crime scene and
disposed of properly. Marshals should also refrain from handling personal
items such as combs or ink pens that could become contaminated.
Airborne particles of dried blood can be generated when a stain is scraped.
Protective masks and eyewear or face shields should be worn when this
type of evidence is being collected.
When handling deceased persons, amputated limbs or other body parts, Marshals
should use the same precautionary procedures for CPR or First Aid. Wear gloves
and cover all cuts and abrasions in an attempt to create a barrier. Carefully wash
all exposed areas after any contact with blood. These same precautions should be
used when handling amputated limbs or hands or other body parts. These
procedures should be followed after contact with the blood of anyone, regardless
if they are or suspected to be infected with HIV or HBV.
5. Autopsies
When Marshals attend autopsies, wear protective masks and eye wear, laboratory
coats, gloves and waterproof aprons. All autopsy materials should be considered
infectious for both HIV and HBV. In addition, follow the rules and regulations
required by the particular laboratory conducting the autopsy.
6. Forensic laboratories
The Department does not have a forensic laboratory but laboratory work may be
performed at the Department or the crime scene. Marshals must take precautions
from any splashes or exposure to airborne and blood borne pathogens. Marshals
should follow universal precautions and use personal protective equipment when
they may be exposed to blood borne pathogens.
339.04 VACCINATIONS
The Department will provide Hepatitis A and B vaccinations and an annual tuberculosis
screening or more often at employees' request. Employees must sign the declination form if they
choose not to vaccinate. The employee may later opt to receive the vaccine.
a. Combination mask;
c. Protective apron;
a. The Nay-Ah-Shing Clinic and the local Ambulance Service will dispose
of any contaminated PPE. When removing contaminated PPE, avoid skin
contact and place in a leak proof biohazard bag for storage and eventual
proper disposal. Employees should take precautions to protect against
breaks in the skin on hands, such as cuts and abrasions by applying
bandaging and protective gloves. After an exposure incident employees
should wash their hands immediately thereafter or as soon as feasible. If
soap and water are not available, disinfect the area with an antiseptic
towelette containing 79% isopropyl alcohol or EPA registered germicide.
When antiseptic hand cleansers or towelettes are used, hands should still
be washed with soap and running water as soon as possible.
1. Reports
2. Clinic
After reporting an exposure, the employee must report to the Nay Ah Shing
Clinic. After hours, Marshal must report to the nearest local hospital or clinic
when exposure incidents occur as soon as possible. If a protocol has been
established by the Clinic, Department employees will follow this protocol which
may include specialized counseling. Medical evaluation and necessary related
follow-up and counseling will be provided.
a. Provide a written opinion to the employer and the employee within fifteen
(15) days that states:
d. Make sure that the employee is informed of the results of the evaluation;
and
e. Make sure that the employee has been told about any medical conditions
resulting from exposure to blood which may require further evaluation or
treatment.
PURPOSE
To establish uniform guidelines for the operation and use of patrol vehicle installed Thermal
Imaging Camera equipment and to establish retention and classification of any evidence obtained
from its use.
340.1 POLICY:
340.2 PROCEDURE
An Marshal assigned a vehicle with the NOPTIC system shall, receive, read and maintain
and Operations manual for the system.
The Marshal will comply with State laws relative to search and seizure or privacy laws as
well as Minnesota, XI Anu Nationand United States Constitutions. Search warrants are
required in situations where the NOPTIC is to be used to gather evidence inside private
property absent exigent circumstances.
Whenever a NOPTIC recording exists, the recording constitutes “Evidence” and the legal
rules of evidence apply. The recording will have an evidence tracking label and secured
as evidence.
Recordings may be converted for training purposes upon supervisor approval and when
there is no evidentiary need to retain the recording.
340.3 DUPLICATION
PURPOSE
To provide guidelines for responding to complaints of sexual assault, for dealing with victims,
interfacing with local health and welfare agencies and conducting interviews with victims and
witnesses.
341.01 POLICY
Sexual assault victims are traumatized and many, because of the extremely personal nature of the
crime, are too embarrassed to report the crime. Investigative, medical and prosecution
procedures adds to a victim's reluctance to report the crime or the victim's reluctance may be
compounded by a psychological inability to assist in the investigation. It is this Department's
policy to provide victims with compassion and consideration and with the necessary information
and assistance to make their experience less traumatic. Investigating sexual assaults against
juveniles should also incorporate procedures set forth in the policy on child abuse and neglect. If
a juvenile is sexually assaulted, apply the procedures set forth in General Order 347.0
Sexual Assault means rape and other forcible, non-consensual sex acts as defined by law, in
relation to adult victims.
341.03 PROCEDURES
a. Ascertaining the medical condition, needs and location of the victim, time
of the incident, description of the suspect and direction/mode of travel;
c. Staying on the telephone with the victim and provide assistance and
comfort until a patrol unit arrives on the scene.
2. Initial Response
a. Marshals should be primarily concerned with the well being of the victim
and begin investigative procedures that will facilitate the identification and arrest of
suspects. When offering the victim assistance, the Marshal shall:
vi. Protect the crime scene including bedding, clothing and related
materials and areas, and ask the victim not to wash until a medical
examination has been performed;
ix. Remain at the hospital (but not the physical examination) until
family members, support service personnel or criminal
investigators arrive;
xii. Request the victim to sign a Medical Release Form, to allow tribal
Marshal access to the victim’s medical records.
xiii. Ensure that the signed Medical Release Form is turned in to the
hospital’s records department.
b. Conduct an initial interview that will allow the victim to describe the
incident without interruption;
iii. Determine whether the victim knew the perpetrator and the
victim's state of mind during the attack; and
iv. Determine the degree to which the victim has received support
services from family, friends and victim advocacy groups and
encourage/facilitate these interactions where necessary.
d. Determine whether the victim has filed any sexual assault complaints in
the past or has a criminal record;
h. Work with the prosecutor's office to develop the case, to familiarize the
victim with the types of inquiries that may be faced during
crossexamination and to ensure that requests for orders for protection are
made where indicated; and
PURPOSE
To provide guidelines for recognizing child abuse and neglect and for coordinating the
investigation with child protective service agencies and prosecuting attorney.
342.01 POLICY
Traditionally, child abuse and neglect have been regarded as the responsibility of child protective
services and social welfare agencies. A large percentage of repeat offenses which involve
serious injury or death, however, involve known offenders. It is the position and policy of this
Law Enforcement agency that effective response to child maltreatment requires cooperative and
coordinated efforts between social welfare and Law Enforcement agencies. All reports of child
abuse and neglect shall be thoroughly investigated and measures taken consistent with the law
342.02 DEFINITIONS
1. “Child Abuse means” means any situation in which parents, guardians or other
responsible adults have inflicted physical assaults upon a child, including sexual abuse;
when the child has been exploited for sexual purposes such as through prostitution or
pornography; has been subjected to reckless endangerment that has or would likely cause
physical harm; or, has been subjected to emotional assault such as close, sustained
confinement.
2. “Child Neglect” means any situation in which parents, guardians, or other responsible
adults have failed to provide for the essential physical needs of the child including food,
clothing and shelter and that caused or would likely cause serious physical injury,
sickness or disability; failure to provide essential medical care necessary to treat or
prevent serious physical injury, illness or emotional disability; or failure to provide
needed emotional nurturing and stimulation that has or could likely cause emotional
injury over time.
342.03 PROCEDURES
a. Mandated Reporters
b. Public and private officials such as physicians, dentists, school employees, clergy
and others must report child abuse and neglect. Marshals shall record and
respond to all reports of child abuse, neglect and abandonment irrespective of the
source or method of reporting.
e. When the source of the report cannot be identified and / or time is not of the
essence, a report of the complaint shall be made to the State and Tribal child
protective authority as prescribed by law. Where reasonable suspicion exists for
further investigation, a coordinated investigative effort should be undertaken with
the child protection authority.
ii. Child protective personnel are not available and time is of the
essence;
iii. The child is in danger and child protective personnel cannot enter
the home;
vi. When the child must be taken into protective custody against
parental wishes.
h. In cases where protective custody is warranted and time permits, the State and Tribal
child protection agency shall be notified and a court order for protective custody shall
be sought prior to the child's removal.
3. Background Investigation
i. “Pattern” injuries that may be linked to specific objects used in an attack such as hot
irons, coat hangers, fingertip marks caused by tight gripping; straight, curved or
curvilinear or jagged lesions indicating whipping; bite marks; and scald or peculiar
burn marks;
ii. Injuries to specific body parts such as the genitals, buttocks or the
rectum. Trauma to the torso, upper arms and thighs in the absence
of other common injuries commonly suffered by children in play
accidents such as skinned knees, elbows and forehead;
iii. Signs of old injuries to various parts of the body in different stages
of healing, particularly those that are not common to childhood;
i. Social workers may have had prior contact with the suspect's family.
These agencies may provide information on family background,
employment, economic and domestic stability and previous contacts with
child protective service agencies.
4. Family Interview
b. If there is reason to believe that charges may be filed against the parents or
others, interviews should be conducted at the law enforcement agency and
the Marshal must contact the prosecutor's office.
ii. Was the parent's statement consistent with other evidence? (No)
iv. Does the home appear to be clean and well maintained? (No)
ii. consistent with the child's ability to understand its relevance to acts
in question; and
6. Interviewing Children
c. Avoid questions that can be answered with a "yes" or "no" response. Use
open-ended questions whenever possible.
e. Sit with the child rather than across a table. Conduct the interview in a
casual and non-threatening manner.
f. Do not lead, suggest answers to, probe or pressure the child for answers,
express concern, shock or disbelief in response to answers.
g. Reassure children that they are not to blame and not in trouble for what
happened or for being asked questions.
d. Clothing that contains evidence such as blood or semen stains and any
objects used in the physical attack should be identified and preserved.
e. Any other items that relate to the abuse or neglect, such as guns, knives,
drugs, poisons or related items in possession of the suspected perpetrator,
should be identified and collected.
6. Training; This agency's training function shall be responsible for ensuring that
Marshals and investigators receive necessary training to effectively implement
this policy.
PURPOSE
343.01 POLICY
All Marshals must understand and follow applicable procedures established herein to effectively
protect, collect and preserve evidence of a crime and conduct initial investigative and other
essential tasks at crime scenes. The actions of patrol and investigative Marshals at crime scenes
often determine the course and success of a criminal investigation. Initial responding Marshals
play the lead role by protecting the crime scene, rendering emergency services and initiating the
investigation.
1. Initial Response
Initial responding Marshals shall initiate the preliminary investigation and perform tasks as
designated below until otherwise directed by a Investigator specifically assigned to criminal
investigations.
b. Upon arrival, verify that a crime has been committed and relay essential
information to communications. Conduct a search of the area to make the
scene safe .
d. Arrest the perpetrator if at the scene. A decision to leave the crime scene
to arrest or pursue the perpetrator should be made based on weighing the
immediate needs of victims and others against the safety of the public if
the perpetrator were allowed to escape.
f. Identify any witnesses to the crime scene, secure their identities and
request that they remain present at the crime scene until they can be
interviewed.
a. Responding Marshals shall enter crime scenes only for purposes of aiding
victims or by-standers in need of immediate assistance, apprehending
perpetrators or securing the area. Other entries shall be permitted only
under direction of a supervisor or Investigator. Marshals making initial
entries for the above purposes shall, where feasible, avoid touching,
walking upon, moving objects or otherwise altering or contaminating the
crime scene.
b. Define the boundaries of the crime scene to include all areas that may be
reasonably searched for evidence. As necessary, considering the nature
and seriousness of the crime, Marshals should:
ii. Erect barricade tape, rope or cordon off and lock otherwise secure
the immediate crime scene and restrict access to defined crime
perimeters; and
iii. Record any alterations made at the crime scene due to emergency
assistance to victims, the actions of persons reporting the crime,
handling of any items of evidentiary value or other actions.
c. Restrict all persons from the crime scene who are not directly involved in
the investigation. In cases of homicides or other major crimes the
Marshalin-charge (OIC) shall ensure that the identity of all persons
entering the crime scene is recorded.
c. Homicides and other major crime scenes should be approached only as needed in a
single defined line in order to avoid destruction of footprints and other
impressions and the contamination of scent rails that may be useful in canine
searches. The "place last seen" of kidnapped or missing persons should also be
protected in a similar manner.
3. Collection of Evidence
Initial responding Marshals at major crime scenes shall not engage in collection
of items of potential evidentiary value unless exigent circumstances exist or
authorization of a supervisory Marshal is received. Marshals may engage in the
following tasks as directed by the OIC.
Marshals will not store evidence of a crime within their vehicles, office
space, etc. All evidence will be properly tagged and entered into an intake
evidence locker prior to the end of the Marshals shift. Unless
circumstances arise where it is not feasible to do so, Marshals will contact
their supervisor for approval to turn in the next duty day.
4. Interviewing Witnesses
c. How the crime was discovered and reported and the relationship of
reporting individuals to victims or others if appropriate;
PURPOSE
344.01 POLICY
344.02 DEFINITIONS
1. “Show-up” means the presentation of one suspect to an eyewitness within a short time
following commission of a crime.
2. “Photo Array” means the showing of several photographs to an eyewitness for the
purpose of obtaining an identification.
344.03 PROCEDURE
1. Photographic Identifications
b. Marshals shall:
iii. Cover any portions of mug shots or other photographs that provide
identifying information about the suspect, and similarly cover
those used in the array;
vi. Preserve the photo array together with full information about the
identification process for future reference.
2. Lineups
ii. Fulfilling the legal requirements for the transfer of the suspect to
the lineup location if incarcerated at a detention center, providing
timely notice to the detention center about the transfer and making
arrangements for picking up the prisoner; and
iii. Arranging for four to six other persons to act as "fill ins" at the
lineup who are of the same race, sex and approximate height,
weight, age and physical appearance and who are similarly
clothed.
i. Ensure that the suspect has been informed of the right to counsel if
formal charges have been made against him, that he has the
opportunity to retain counsel or request that one be provided;
PURPOSE
This policy establishes guidelines for the operation and use of audio/video recording equipment
installed in tribal Marshal patrol vehicles. This policy also establishes a retention and
duplication policy for theMarshals video recorded evidence.
POLICY
In-vehicle recording equipment can be a valuable tool to patrol Marshals. Usage of such
equipment includes assisting in the prosecution of traffic violations and related offenses,
documenting crime scenes, providing objective evidence of tribal Marshal and subject action
during tribal Marshal contact. Marshals shall only operate In-vehicle video equipment in
accordance with Department guidelines. In-vehicle recordings are the exclusive property of the
Mille Lacs TribalMarshals.
PROCEDURE
I. General Use.
B) The In-vehicle video equipment automatically activates with the rotating red lights,
turning on the remote microphone or by depressing the “REC” button on the control
panel. Marshals shall activate the video system and record the events in the following
situations:
C) Marshals may deactivate the recorder in situations where the patrol vehicle is stationary
for an extended time, such as traffic direction when working or assisting other emergency
responders.
D) Marshals are to utilize their wireless microphone when dealing with the public and are
encouraged to provide narration to assist in preparing reports.
E) Marshals are not under any legal obligation to advise the public that they are being
recorded; however, if asked, the Marshal should say the recording equipment is in use.
A) Marshals will have their supervisors download the information from their camera cards
into the main server at the PD. Supervisors will return the blank cards back to the
Marshals for reinsertion into the camera. All downloaded information will be retained for
a period of 90 days. After 90 days all non-evidentiary recordings will be erased.
B) After a recording is no longer needed as evidence, it may be used for training or other
purposes.
B) Anytime a member of the prosecution or judiciary requires a copy of the recording, it will
be provided at no charge.
C) Requests for duplication of recordings from other public entities or private citizens shall
be provided in accordance with data practices policy. The requestor must pay the fee for
duplicating the recording prior to the copy being made. The fee for this service is $50.00.
PURPOSE
To provide guidelines for determining if and under what conditions the use of strip searches and
body cavity searches are legally permissible and to establish guidelines for the appropriate
conduct of such searches.
346.01 POLICY
Strip searches and body cavity searches may be conducted to protect Marshals, civilians and
other persons in custody to detect and secure evidence of criminal activity and to safeguard the
security, safety and related interests of this agency's or other agency's detention and holding
facilities. These searches shall be conducted only with proper legal authority and justification,
with due recognition and deference for the human dignity of those being searched and in
accordance with the procedural guidelines.
346.02 DEFINITIONS
2. “Body Cavity Search” means any search involving visual inspection of skin surfaces,
internal physical examination of body cavities and, in some instances, organs such as the
stomach cavity.
346.03 PROCEDURES
1. Strip Searches
e. Following a strip search, the Marshal performing the search shall submit a
written report to the supervisory authority that includes, at a minimum, the
following:
d. For safety and security reasons, the search shall be conducted at the
Department's detention facility or other authorized facility and in the room
designated for this purpose;
f. The authorized individual conducting the search shall file a report with
the requesting Law Enforcement agency. The witnessing Law
Enforcement Marshal shall cosign that report and comply with
information requirements specified in this policy.
PURPOSE
347.01 POLICY
To conduct investigations of controlled substance violations and other crimes and to employ
undercover Marshals and investigative techniques to accomplish this mission in conjunction with
area drug task forces, Mille Lacs TribalMarshals and other local, state and federal law
enforcement agencies.
347.02 PROCEDURES
1. Marshals must request a cash advance from the Confidential Buy Fund from the
Chief of Tribal Marshal.
a. The Property Room Marshal will maintain a master ledger for the Buy
Fund Account.
b. The Property Room Marshal will maintain a separate account for each
investigating Marshal who receives funds.
5. Each Marshal will maintain a ledger of debits and credits for Buy Funds assigned
to him.
4. No more than $500 will be signed out to one Marshal at a time. The Marshal may
keep the funds for fourteen days to complete his investigation, and then return any
unused funds to the Property Room.
e. The Chief shall review each Confidential Fund Expenditure Report and
approve expenditures.
PURPOSE
To present guidelines for responding to calls of criminal conduct on school buses and to promote
cooperation between schools, parents, students, transportation providers and the Tribal Marshal.
The results of this cooperation should help to provide a safer passage for students, drivers and
chaperones.
348.01 RESPONSE
3. Marshals should be aware that school districts and transportation providers have
disciplinary policies which regulate student behavior on buses. When citizens'
arrests are necessary, transportation providers should be made aware of what is
required of them to complete this process.
5.
Marshals will provide information to School Officials to the extent allowed by the
Minnesota Data Practices Act.
MILLE LACS BANDMarshals OPERATIONS MANUAL
PURPOSE
To establish a uniform policy for the handling of all property and evidence acquired by any
Marshal of the Mille Lacs BandMarshals that is to be placed in or taken from the evidence room.
349.01 PROCEDURE
It is imperative that precise and safe handling of all evidence acquired by XI Anu NationTribal
Marshal Marshals be within the Department’s Property and Evidence Policy.
The control of the Evidence Room will be the responsibility of the designated Marshal. No one
will enter the room without the actual presence of the evidence Marshal. All necessary forms or
logs will be signed by the Marshal depositing or withdrawing property to ensure proper
accounting and control of the “chain of evidence.” (Exceptions will only include the use of
outside lockers located in the garage for use after hours).
Marshals will not store or hold any items of evidence in their patrol vehicles, work spaces,
homes, etc. All items of evidence will be properly packaged, entered into the Records
Management system, and secured in an intake locker prior to the Marshal completing the end of
their duty day. Unless circumstances arise and it is not feasible to do so, Marshals will contact
their supervisor for approval to secure the item the following day.
Items being sent to the BCA for analysis must be submitted to the evidence room via an intake
locker. The evidence tech will be responsible for the chain of custody and will coordinate with
the Investigator the submission of the evidence for analysis to the BCA.
All evidence will be properly packaged and identified. This means that if you have electronic
equipment, a tag will be attached to the item giving the description (make, model, serial #,
etc…) Firearms and ammunition will be submitted in separate packages. Cloth items will be
dried of blood or moisture and put in paper bags with evidence tags. Boxes will be sealed
with evidence tape and will display evidence tags as well. Any items that contain leaking
fluids will not be accepted. Remember that each item must be properly packaged and labeled
to help minimize space.
All biological evidence that must be retained will need to be clearly labeled and packaged
properly. Biological evidence must have a visible biohazard sticker on them. All biological
evidence that needs to be stored in a refrigerator will be turned over to the Evidence Marshal.
The release of all evidence will be done by the Evidence Marshal. It will be the responsibility
of the Marshal to contact the owner.
When an Marshal needs an item of evidence for court they will contact the Evidence
Technician and arrange for the item to be removed from the evidence room. A signature is
needed for both signing in and out of the evidence room to ensure a valid chain of custody.
2. An Electronic evidence tag will be completed, listing each item of property or evidence
held under that particular case file.
3. At no time will Marshals of the Mille Lacs BandMarshals hold property for “Safe
Keeping” at the request of any citizen.
4. Property or Evidence, which is illegal contraband, shall be destroyed after the case is
closed. The destruction shall be approved prior by the Chief of Tribal Marshal.
Whenever destruction of evidence takes place, two (2) Marshals shall be present and one
will sign as witness to the destruction.
At no time will property or evidence ever be converted to the personal use of any personnel of
the Mille Lacs BandMarshals or any other citizen.
PURPOSE:
The policy is to protect the public by disclosing information on predatory offenders residing in this
agency’s community. This agency will decide what information to disclose and who to disclose it to
based on the level of danger posed by the offender, the offender's pattern of offending behavior and
the needs of community members to enhance their individual and collective safety.
350.01 DEFINITIONS
1. Predatory Offender Registration and Community Notification refers to the Minnesota law that
requires certain predatory offenders to register with the Minnesota Department of Public Safety
Predatory Offender Unit. The law also provides for community notification about certain adult
predatory offenders who have been incarcerated by the Minnesota Department of Corrections
(DOC) or confined by the Minnesota Department of Human Services (DHS).
2. Offender Risk Levels means the level of notification is governed by the level of risk assigned by
the DOC.
Three possible risk levels can be assigned to an offender. They are:
▪ Level 1 – low risk of re-offending
▪ Level 2 – moderate risk of re-offending
▪ Level 3 – high risk of re-offending
Note: Some offenders who are required to register as predatory offenders are not assigned a risk
level because their sentence was completed prior to predatory offender legislation or because
they have not spent time in state or federal prison. These offenders are not subject to community
notification.
For questions concerning predatory offender registration refer to the Bureau of Criminal
Apprehension (BCA)’s Predatory Offender Registration website at www.dps.state.mn.us/bca for
detailed information, or contact the Predatory Offender Unit (BCA-POR) by calling (651) 7937070
or 1-888-234-1248.
When an offender arrives to register with this agency, determine what state the offense was
committed in and if the individual is required to register by reviewing the list of registrable offenses
on the POR website.
If the offender is required to register, contact the BCA POR to verify the offender is already
registered and a DNA sample has been submitted.
▪ If the offender is already registered, complete a Change of Information Form included on the
BCA’s website at www.dps.state.mn.us/bca.
▪ If the offender is not registered, complete a Predatory Offender Registration Form included on
the BCA’s website at www.dps.state.mn.us/bca.
▪ If the offender is from another state, contact the state (information for each state is listed on
the BCA’s website at www.dps.state.mn.us/bca) and request a copy of the offender’s original
registration form, criminal complaint and sentencing documents.
It is recommended the agency verify the address of offenders living in their community.
▪ If the offender is not living at the registered address, contact the BCA-POR to determine if a
Change of Information Form was submitted. If it was not, the offender may be charged with
failure to notify authorities of a change in residence. To make this charge, contact the
BCAPOR to request a prosecution packet. Submit the packet to the county attorney’s office to
file a formal charge.
Note: It must be verified that the offender is no longer residing at his/her last address prior to
submitting the prosecution packet for charging. Depending on the county attorney, formal
statements may be needed from friends, co-workers, neighbors, caretakers, etc.
Attached to this policy are examples of forms that are provided to law enforcement agencies by the
DOC to assist them in performing community notifications:
Law enforcement agencies receive information from the BCA and DOC pertaining to the risk
levels of offenders. The duty of law enforcement to provide notification depends on the risk
level assigned as described below. Public notification must not be made if an offender is placed
or resides in one of the DOC licensed residential facilities (halfway houses) operated by
RSEden, Alpha House, 180 Degrees, Damascus Way, or Bethel Work Release. Do NOT
disclose any information until the law enforcement agency is notified the offender will move to
a residential location.
Level 1 – Information maintained by law enforcement and may be subject to limited disclosure.
See attachment 1: Confidential Fact Sheet – For Law Enforcement Agency Use Only.
• Mandatory disclosure o Victims who have
requested disclosure
• Discretionary disclosure o Other witnesses or
victims o Other law enforcement agencies.
Level 2 – Information subject to limited disclosure for the purpose of securing institutions and
protecting individuals in their care while they are on or near the premises of the institution. See
attachment 2: Law Enforcement Agency Fact Sheet – Notification of Release in Minnesota –
Risk Level 2.
• In addition to Level 1 disclosures, the law
enforcement agency may disclose information
to:
o Staff members of public and private educational institutions, day care
establishments and establishments that primarily serve individuals likely to be
victimized by the offender.
o Individuals likely to be victimized by the offender.
• Discretionary notification must be based on the offender’s pattern of offending or
victim preference as documented by DOC or DHS.
Level 3 – Information subject to disclosure, not only to safeguard facilities and protect the
individuals they serve, but also to protect the community as a whole. See attachment 3: Law
Enforcement Agency Fact Sheet – Notification of Release in Minnesota.
• In addition to Level 2 disclosures, law enforcement shall disclose information to other
members of the community whom the offender is likely to encounter, unless public
safety would be compromised by the disclosure or a more limited disclosure is
necessary to protect the identity of the victim.
• A good faith effort must be made to complete the disclosure within 14 days of receiving
documents from DOC.
• The process of notification is determined by the agency. The current standard for a
Level 3 offender is to invite the community to a public meeting and disclose the
necessary information. Assistance is available from DOC RA/CN Unit.
Upon notice that a registered predatory offender without a supervising agent has been admitted
to a health care facility in its jurisdiction, law enforcement shall provide a fact sheet to the
facility administrator with the following information: name and physical description of the
offender; the offender’s conviction history, including the dates of conviction; the risk level
assigned to the offender, if any; and the profile of likely victims. See attachment 4: Law
Enforcement Agency Fact Sheet - Health Care Facility Notification Information on a
Registered Offender Not For Distribution to Facility Residents & attachment 5: Law
Enforcement Agency Fact Sheet - Health Care Facility Notification Information on a
Registered Offender For Distribution to Facility Residents.
1. Offenders from Other States and Offenders Released from Federal Facilities Subject to
Notification
▪ If a local law enforcement agency learns that a person under its jurisdiction is subject to
registration and desires consultation on whether or not the person is eligible for
notification, the agency must contact the DOC. The DOC will review the governing law
of the other state and, if comparable to Minnesota requirements, inform law enforcement
that it may proceed with community notification in accordance with the level assigned by
the other state.
▪ If DOC determines that the governing law in the other state is not comparable,
community notification by law enforcement may be made consistent with that authorized
for risk level 2.
▪ In the alternative, if a local law enforcement agency believes that a risk level assessment
is needed, the agency may request an end-of-confinement review. The local law
enforcement agency shall provide to the DOC necessary documents required to assess a
person for a risk level.
2. Victim Notification
Law enforcement agencies in the area where a predatory offender resides, expects to reside,
is employed, or is regularly found shall provide victims who have requested notification
with information that is relevant and necessary to protect the victim and counteract the
offender’s dangerousness.
DOC will provide victim contact information to the law enforcement agency when there is
a victim who has requested notification. See attachment 6: VICTIM DATA –
CONFIDENTIAL – For Law Enforcement Agency Use Only.
Law enforcement also may contact other victims or witnesses as well as other individuals
who are likely to be victimized by the offender.
PURPOSE: To provide effective crime prevention and public safety service the Mille Lacs
BandMarshals may find it necessary to use covert tactics to preserve Evidence and
facilitate the apprehension of suspects.
The policy of the Mille Lacs BandMarshals provides uniform guidance for
all department personnel when operating a department vehicle without headlights,
taillights or marine navigational lights.
351.01 DEFINITIONS:
351.02 APPLICATION/PROCEDURE
1. On a state highway
2. At speeds greater than what is considered reasonable and Prudent
under existing weather, road and traffic conditions.
3. Faster than the posted speed limit
4. In situations where the Marshal is an active participant in the
Pursuit of a motor vehicle in violation of MN Statutes Section
609.487
5. Contrary to the elements of MN Statutes Section 169.541
PURPOSE: The safety and preservation of human life will be the XI Anu NationTribal Marshal
Department Emergency Response Team’s primary objective. The Emergency Response
Team will be specifically trained and equipped to resolve critical incident situations and
will serve as the emergency support unit for the Mille Lacs BandMarshals. Containment
of suspects and negotiation procedures will be the Team’s first responsibilities.
Emergency Response Team personnel shall strive to promote a cooperative and
harmonious working relationship with other law enforcement agencies through the
mutual aid agreements.
352.01 Definitions
b. Team Leader- The Team Leader is a designated member of the ERT who is in
charge of the entry team. The Team Leader reports directly to the Team Commander.
e. Outer Perimeter- The area relatively free from the danger posed by the
suspect(s) or scene. This area would be established to keep accomplices, press, traffic
and the general public a safe distance away from the inner perimeter and command
post.
a. The Team will consist of members of the Mille Lacs BandMarshals. The
Team will be under the direction and control of the Chief of Tribal Marshal, or the
assigned Team Commander. The Team will train as a unit and be called upon to
respond to the following emergency situations.
The Team may also be used for search and rescue or other duties.
The Team will follow the Mille Lacs BandMarshals Use of Force Policy.
c. ERT Commander
1. Will have direct command of all ERT members at the crisis scene. In the
absence of the Commander, the Chief or his/her representative will have
command responsibilities until the Team Commander’s arrival.
2. Determine what tactical methods and deployment are to be used by the ERT.
3. Coordinate the use of the ERT with the on-call supervisor, negotiators, and
other support groups (medical, fire, etc.).
4. Assist and assign training of the ERT by coordinating through department
heads.
5. Maintenance of ERT operations records through normal reporting
procedures.
e. ERT members
1. Follow, have knowledge of, and adhere to the ERT policies, rules and
procedures.
2. Maintain physical fitness standards, which will allow the members to
function in their respective capacity.
3. Respond immediately to call-out situations.
4. Attend ongoing training sessions.
5. Maintain a degree of proficiency in all areas.
Revised August 28, 2015 252
6. Will be cross-trained for all functions. Marksman and negotiator will be the
only specialized positions.
f. Training
352.03 PROCEDURES
a. Within the XI Anu NationReservation, or areas where mutual aid pacts are in place.
1. ERT may be used in high-risk situations where time for planning exists. In
these situations, prior approval by the department head or this representative
is required.
2. During immediate crisis situations, the on-call supervisor has the authority to
call out ERT if unable to contact the above. Call out is not automatic. The
On-duty supervisor must evaluate the overall situation. When the on-duty
supervisor determines that the resources available to him/her are adequate to
handle the situation, there is no need to call for the assistance of the ERT.
When it is determined the situation could deteriorate the Team should be
called out. (Refer to 352.02).
3. All requests for ERT from an outside agency must be approved by the Chief
of Tribal Marshal or his designee.
b. Chain of Command
The ERT Commander is in charge of the Team. Team members will respond
to orders from the Team Commander during the course of the operation.
When the operation is finished, (ie. Scene secured ) team members may gear
down and be utilized as needed. They will be under the direction of the
supervisor in charge of the call or investigation.
1. Secure the perimeter and assign assisting Marshals to specific locations and
duties.
2. Avoid exposing assisting Marshals to hostile fire and crossfire’s.
3. Assign extra personnel to a staging area until needed.
4. Evacuate civilians from dangerous area
5. Plan for traffic diversion, both vehicular and pedestrian.
Entry Team- Will provide for the evacuation of civilians and un-needed
personnel from the danger area. Establish direct-line communication to the
incident scene. Will enter dangerous areas to accomplish the planned objective.
Will take into custody all high-risk persons if the situation dictates. They may
turn over suspects to on-duty personnel for the booking process.
Scout Team- Will consist of the marksmen, and spotter for on-site intelligence
work and ascertain safe routes to and from the objective. They will assist in
diagramming the objective with the Team Commander and Team Leader.
The intent to fill a vacancy on the ERT, or increase the number of personnel on the
team will be announce department-wide and Marshals interested in membership on the
team will submit applications to the ERT Commander
To be eligible Marshals must have completed their probationary period and have no
history of disciplinary action (1) year prior to their application.
Oral Board
Physical Fitness Exam
Chiefs Review
Approved Basic S.W.A.T./ Tactical Marshals Certification Course
In order to reduce the potential for injury and/or property damage the use of noise/light
diversionary devices must be supervised and properly deployed.
Only personnel who have successfully completed departmental or basic SWAT training
in the proper use and deployment of the noise/light diversionary devices will be
authorized to deploy them during actual operations.
Generally, noise/light diversionary devices may be considered whenever the use of less
lethal diversion would facilitate entry, enable arrest, and potentially reduce the risk of
injury. Use of the noise/light diversionary device may include, but not limited to the
following;
The use of chemical agents is a less-lethal response to situations where are serious in
nature. When properly utilized chemical agents have proven safe and effective.
Chemical agents can be deployed either inside a structure or outside depending on the
circumstance encountered. In the case of snipers or barricaded subjects, chemical agents
are deployed in an effort to force the subject(s) to leave a fortified position. Chemical
agents are useful in moving or dispersing riotous crowds by way of encouraging people
to leave a certain area or abandon some form of unlawful activity.
Chemical agents should be deployed in such a manner that a suspect or crowd is force
to exit or move to a location that has been pre-determined. Whenever practical,
announcements should precede the introduction of chemical agents.
The Team Commander and Team Leader must maintain a flexible approach to the
utilization of chemical agents.
The sequence of introduction of chemical agents and amounts are generally progressive
depending upon the degree of force required.
Whenever possible the suspect(s) should be given the opportunity to surrender prior the
next level of chemical agent being used. Smoke will be introduced into a structure only
as a last resort, due to the fact smoke can displace oxygen and may be considered lethal
force.
Chemical agents will only be deployed at the direction of the Team Commander and
Team Leader. The gasman will be directed as to the location, type, and quantity of
chemical agent deployed.
Chemical agents deployed inside a structure will be predicated upon the following
factors;
The Team Commander and Team Leader shall review the use of chemical agent as soon
as practical following each incident or operation to insure the devices were used
according to policy and functioned properly.
All ERT members must pass a Physical Fitness Standard to be eligible for the Team.
Members shall pass a yearly Fitness Test to remain eligible for the Team. Those not
passing the test will be removed at the direction of Chief of Tribal Marshal. Members
may be reinstated after passing a remedial fitness test.
Members will be afforded (4) hours of on-duty time per week to work out to sustain the
degree of fitness required for the ERT Team.
Standards and testing will be determined by the Chief of Tribal Marshal and ERT
Commander.
The testing will be job specific and performed in gear normally worn by ERT members.
It is the policy of the Mille Lacs BandMarshals to reaffirm our commitment to impartial/unbiased
policing and to reinforce procedures that serve to assure the public that we are providing service and
enforcing laws in a fair and equitable manner to all.
353.01 DEFINITION
Racial profiling has the meaning given to it in Minnesota Statute 626.8471, Subd. 2. which
states:
"Racial profiling" means any action initiated by law enforcement that relies upon the race,
ethnicity, or national origin of an individual rather than:
(1) the behavior of that individual; or
(2) information that leads law enforcement to a particular individual who has been
identified as being engaged in or having been engaged in criminal activity.
Racial profiling includes use of racial or ethnic stereotypes as factors in selecting whom to stop
and search. Racial profiling does not include law enforcement's use of race or ethnicity to
determine whether a person matches a specific description of a particular subject.
Investigative detentions, pedestrian and vehicle stops, arrests, searches and property seizures by
Marshals will be based on a standard of reasonable suspicion or probable cause in accordance
with the Fourth Amendment of the United States Constitution. Marshals must be able to
articulate specific facts, circumstances and conclusions that support reasonable suspicion or
probable cause for investigative detentions, pedestrian and vehicle stops, arrests, nonconsensual
searches and property seizures.
Except as provided in paragraph (3) Marshals shall not consider race, ethnicity, national origin,
gender, sexual orientation and religion in establishing either reasonable suspicion or probable
cause.
Marshals may take into account the descriptors in paragraph (2) of a specific suspect(s) based
on information that links specific, suspected, unlawful, or suspicious activity to a particular
individual or group of individuals. This information may be used in the same manner Marshals
use specific information regarding age, height, weight,, etc. about specific suspects.
353.03 PREVENTING PERCEPTIONS OF BIASED POLICING
Introduce or identify yourself to the citizen and state the reason for the contact as soon as
practical, unless providing this information will compromise Marshal or public safety.
Ensure that the detention is no longer than necessary to take appropriate action for the known
suspected offense.
Attempt to answer any relevant questions the citizen may have regarding the contact, including
relevant referrals to other agencies when appropriate.
Provide name and badge number when requested, preferably in writing or on a business card.
Explain and/or apologize if you determine that the reasonable suspicion was unfounded (e.g.
after an investigatory stop).
Supervisors shall ensure that all personnel are familiar and compliant with this policy.
PURPOSE
The quality of Marshals produced by the Mille Lacs BandMarshals can be directly related to
the quality of it’s Field Training Program. It will be the objective of the Mille Lacs
BandMarshals to maintain the highest quality Field Training Program possible. The success
and future of the Mille Lacs BandMarshals is contingent upon selection and training of new
Marshals, of which the Field Training Marshal Program is an intricate part.
The primary goal of the Field Training Marshal Program is to develop recruits who have
successfully completed their academic portion of training, and lateral Marshals, into Marshals
capable of performing as community oriented XI Anu NationTribal Marshal Marshals.
1. The Sergeant will perform their normal duties, along with the control and
monitoring of all training and recruit Marshals.
2. Will be responsible for liaison with the Chief of Tribal Marshal for the
purpose of dealing with recruit problems.
3. Will be responsible for monitoring the recruit Marshal while in training,
through daily evaluation and weekly meetings.
4. Will be responsible for providing a means to improve a recruit’s substandard
performance. This can be accomplished by one of the following: Training by
FTO, Sergeant, or Investigator.
5. Will be responsible for monitoring the performance of FTO’s and take the
necessary steps to insure their continued competence.
6. Will be responsible for advising the Chief of Tribal Marshal of problems
involving the recruit Marshals and take the appropriate measures to solve
those problems.
8. FTO’s are authorized (4) (hours of overtime per week while training
a recruit.
SUBJECT: DETOXIFICATION
PURPOSE
To set policy for the detoxification of subjects under the influence of alcohol and/or
drugs. During the course of their duties, Marshals may come upon, or be dispatched to
handle an intoxicated subject. Marshals are afforded an amount of discretion in dealing
with and placing intoxicated individuals.
Marshals may be asked to remove a subject suspected of being under the influence from
a residence or place of business by the owner/responsible party. The Marshal may take
into account the circumstances surrounding the reasons for removal;
Marshals may not remove a person from his place of dwelling for the sole reason of
being intoxicated. If other charges exist Marshals may take the subject into custody for
those crimes in which a warrant less arrest is justified.
Marshals may take or arrange to have intoxicated subjects taken to the nearest
detoxification facility. Marshals will take a PBT reading if the subject is cooperative. If
a subject is in need of medical assistance, (ie. High intoxication level or existing
injuries or medical conditions) the Marshal or ambulance will take the subject to a
medical facility for treatment.
Marshals may release an adult subject without a written release form only in exigent
circumstances. Juveniles must have a written release form from a responsible family
member.
Marshals will attach a copy of the release form to the ICR prior to turning it in to
Records.
356.0 PURPOSE
To provide guidelines for the custody, security and delivery of official Mille Band TribalMarshals records
or information.
356.01 POLICY
356.02 DEFINITIONS
Custodian - The Chief of Tribal Marshal is the legal custodian forMarshals records. The Chief
of Tribal Marshal may designate a deputy legal custodian.
Person authorized by the individual - The parent, guardian, legal custodian of a child; the
guardian of an individual adjudged incompetent; the personal representative or spouse of an
individual who is deceased or any person authorized, in writing, by the individual to exercise
the rights granted in this policy.
Data - Any material on which written, drawn, printed, spoken, visual or electromagnetic
information is recorded or preserved, regardless of physical form or characteristics, which has
been created or is being kept by theMarshals. Data includes, but is not limited to: tribal
Marshal reports, photographs, evidence receipts, computer generated information (such as
email), and film. Data does not include: notes, preliminary computations and like materials
prepared for the originator’s use or prepared by the originator in the name of a person for
whom the originator is working. Drafts may be considered to be open records in some
situations. Requests for drafts should be reviewed by competent legal counsel prior to release.
Requestor - Any person who requests inspection or copies of a record, except a committed or
incarcerated person, unless the person requests inspection or copies of a record that contains
specific references to that person or his or her minor children for whom he or she has not been
denied physical placement, and the record is otherwise accessible to the person by law.
Public Data on Individuals is data on individuals that is accessible to the public regardless of
the interest or use of the data. It is also accessible to other government entities when needed for
the administration and management of authorized programs.
Confidential Data on Individuals is data on individuals that by statute or federal law is not
accessible to the public or the individual subject of the data. It is accessible only to individuals
within the entity whose work assignment reasonably requires access and to those authorized by
law.
Treatment of Data.
Application. This section of the statute applies to agencies which carry on a law enforcement
function, including but not limited to municipalMarshalss, county sheriff departments, fire
departments, the bureau of criminal apprehension, the Minnesota state patrol, the board of
peace Marshal standards and training, the department of commerce, and the department of
labor and industry fraud investigation unit, the program integrity section of, and county human
service agency client and provider fraud prevention and control units operated or supervised by
the Minnesota department of human services.
Arrest Data. The following data created of collected by law enforcement agencies which
documents any actions taken by them to cite, arrest, incarcerate or otherwise substantially
deprive an adult individual of liberty shall be public at all times in the originating agency: 1.
Time, date and place of action;
2. Any resistance encountered by the agency;
3. Any pursuit engaged in by the agency;
4. Whether any weapons were used by the agency or other individual;
5. The charge, arrest or search warrants, or other legal basis for the action;
6. The identities of the agencies, units within the agencies and individual persons taking
action;
7. Whether and where the individual is being held in custody or is being incarcerated by the
agency;
8. The date, time and legal basis for any transfer of custody and the identity of the agency
person who received custody;
9. The date; time and legal basis for any release from custody or incarceration;
10. The name, age, sex and last known address of an adult person or the age and sex of any
juvenile person cited, arrested, incarcerated or otherwise substantially deprived of liberty;
11. Whether the agency employed wiretaps or other eavesdropping techniques, unless the
release of this specific data would jeopardize an ongoing investigation;
Request for Service Data. The following data created or collected by law enforcement
agencies which documents requests by the public for law enforcement services shall be public
government data:
1. The nature of the request or activity complained of;
2. The name and address of the individual making the request unless the identity of the
individual qualifies for protection under subdivision 17;
3. The time and date of the request or complaint; and
4. The response initiated and the response or incident report number.
Response or incident data. The following data created or collected by law enforcement
agencies which documents the agency’s response to a request for service including, but not
limited to, responses to traffic accidents, or which describes actions taken by the agency on its
own initiative shall be public government data:
1. Date, time and place of the action;
2. Agencies, units of agencies and individual agency personnel participating in the action
unless the identities of agency personnel qualify for protection under subdivision 17;
3. Any resistance encountered by the agency;
4. any pursuit engaged in by the agency;
5. Whether any weapons were used by the agency or other individuals;
6. A brief factual reconstruction of events associated with the action;
7. Names and addresses of witnesses to the agency action or the incident unless the identity
of any witness qualifies for protection under subdivision 17;
8. Names and addresses of any victims or causalities unless the identities of those
individuals qualify for protection under subdivision 17;
9. The name and location of the health care facility to which victims or casualties were
taken:
10. Response or incident report number;
11. Dates of birth of the parties involved in a traffic accident; 12. Whether the parties
involved were wearing seat belts; and 13. The alcohol concentration of each driver.
Domestic Abuse Data. The written tribal Marshal report required by section 629.341,
subdivision 4, of an alleged incident described in section 629.341, subdivision 1, and arrest
data, request for service data, and response or incident data described in subdivision 2, 3 or 4
that arise out of this type of incident or out of an alleged violation of an order for protection
must be released upon request at no cost to an organization designated by the Minnesota center
for crime victims services, the department of corrections, or the department of public safety as
providing services to victims of domestic abuse. The executive director or the commissioner of
the appropriate state agency shall develop written criteria for this designation in consultation
with the battered women’s advisory council.
Any investigative data presented as evidence in court shall be public. Data determined to be
inactive under clause (a) may become active if the agency or appropriate prosecutorial
authority decides to renew the investigation.
During the time when an investigation is active, any person may bring an action in the district
court located in the county where the data is being maintained to authorize disclosure of
investigative data. The court may order that all or part of the data relating to a particular
investigation be released to the public or to the person bringing the action. In making the
determination as to whether investigative data shall be disclosed, the court shall consider
whether the benefit to the person bringing the action or to the public outweighs any harm to the
public, to the agency or to any person identified in the data. The data in dispute shall be
examined by the court in camera.
Child Abuse Identity Data. Active or inactive investigative data that identify a victim of child
abuse or neglect reported under section 626.556 are private data on individuals. Active or
inactive investigative data that identify a reported of child abuse or neglect under section
626.556 are confidential data on individuals, unless the subject of the report compels disclosure
under section 626.556, subdivision 11.
Inactive Child Abuse Data. Investigative data that become inactive under subdivision 5,
clause (a) or (b), and that relate to the alleged abuse or neglect of a child by a person
responsible for the child’s care, as defined in section 626.556, subdivision 2, are private data.
Vulnerable Adult Identity Data. Active or inactive investigative data that identify a victim of
vulnerable adult maltreatment under section 626.557 are private data on individuals. Active or
inactive investigative data that identify a reported of vulnerable adult maltreatment under
section 626.557 are private data on individuals.
Public Benefit Data. Any law enforcement agency may make any data classified as
confidential or protected nonpublic pursuant to subdivision 5 accessible to any person, agency,
or the public if the agency determines that the access will aid the law enforcement process,
promote public safety, or dispel widespread rumor or unrest.
Data in Arrest Warrant Indices. Data in arrest warrant indices are classified as confidential
data until the defendant has been taken into custody, served with a warrant, or appears before
the court, except when the law enforcement agency determines that the public purpose is served
by making the information public.
A. Adoption of Procedures
1. The Mille Band TribalMarshals hereby adopts and prominently displays to the
public the following information concerning access to records:
a. A description of the organization; and
b. Established times and place(s) where requestors may obtain access to
records, and
c. Costs of records.
c. All requests and releases of “Data” under this policy will be forwarded to
the records technician. Only the Records Technician has the authority
from the Records Custodian to release “Data” to outside entities not
covered in the line above.
1. Juvenile criminal records shall be kept physically separate from adult criminal
records and are subject to disclosure only according to the Juvenile Record
Policy maintained by the Department. Juvenile records shall not be open for
public inspection or their contents exposed except for the following:
If you have questions about whether or not the data can be released, let the requester
know that you will determine the classification of the data and get back to them. Data
such as personnel records, land appraisals, social security numbers, etc., have
restrictions. Always work with your unit designee to determine the classification of
data.
If the Request is for Public Data. Public data is accessible to anyone for any reason.
Accessible means the public has the right to come to a MLTPD office at reasonable a
time to view the data and to obtain copies at a reasonable fee. Requests for data do not
have to be in writing.
If the Request is for Private Data by Data Subject. If the requester is the subject of the
data see the Rights of Data Subjects on page #. Requests for private data by the data
subject must be released within 10 working days. A data subject maybe asked for proof
of identification prior to releasing the data.
1. General Information
a) identify themselves; or
b) state the purpose for their request of records.
c) a person may be asked to provide certain clarifying
information for the sole purpose of facilitating access to
data.
c. Procedure
b. Records forwarded to Mille Lacs Tribal Court are subject to release per
this policy.
5. Denial of Requests
6. Fees
e. The Department may impose a fee upon the requestor for locating the
record not exceeding the actual, necessary and direct costs of locating the
record(s), providing the cost is $50.00 or more.
f. If the requestor is a prisoner and the prisoner has failed to pay any fee
that was imposed by the Department for a prior request, the Department
may require prepayment both of the amount owed for the previous
request and the amount owed for the current request.
h. The department will charge a $10.00 fee to copy a squad car digital
video to a compact disk.
1. The Mille Band TribalMarshals adheres to state and local requirements for
retention of tribal Marshal records.
2. All data collected, created or received by the Department shall be maintained
in accordance with the Department’s retention schedule.
Minnesota Statutes, section 13.82, subdivisions 2, 3, and 6, list specific law enforcement data that are
always public, even if there is an active criminal investigation.
280
• Date, time and victims or
place of action casualties unless
• Agencies, units, the identities
and agency qualify for
personnel protection
participating in • Name and
the action unless location of the
the identities are health care
protected facility where
• Resistance victims or
encountered by casualties were
the agency taken
• Pursuit engaged • Response or
in by the agency incident report
• Weapons used by number
the agency or • Dates of birth of
individuals the parties
• Brief factual involved in a
reconstruction of traffic accident
events • Whether the
• Names and parties involved
addresses of were wearing seat
witnesses to the belts
agency action • Alcohol
unless witness concentration of
identity qualifies each driver
for protection
• Names and
addresses of
Law Enforcement Data – Protected Identities
Minnesota Statutes, section 13.82, subdivision 17, lists the identities of individuals that either
must be protected, or may be protected from disclosure when releasing public arrest, request for
service, and response or incident law enforcement data.
It shall be the policy of the Mille Lacs TribalMarshals that all employees of the agency, all
employees assigned to another law enforcement agency’s task force and all employees
assigned from an outside law enforcement agency to a task force in which this agency
serves as the fiscal agent, shall follow all state and federal laws pertaining to the processing
of property seized for forfeiture. Training will be provided by the employing law
enforcement agency in consultation with the prosecuting authority to Marshals who may
exercise the use of administrative forfeiture in the performance of their assigned duties.
Such training is to be conducted whenever the agency policy is changed or modified based
upon administrative directives, legislative statutory changes and/or relevant court
decisions. Training may be conducted by and through the following formats: agency
policy, directives, electronic or traditional classroom education.
DEFINITIONS
Cash: money in the form of bills or coins, traveler’s checks, money orders, checks
or other forms of electronic money or stored value cards, including, but not limited
to, gift cards, debit cards, gift cards/certificates or other negotiable financial
instruments.
Conveyance Device: a device used for transportation, including, but not limited to,
a motor vehicle, trailer, snowmobile, airplane or vessel and any equipment attached
to it. The term "conveyance device" does not include property, which is, in fact, itself
stolen or taken in violation of the law.
The following property may be seized and is presumed under Minn. Stat. § 609.5314
to be subject to administrative forfeiture if the item has a retail value of $50,000.00
or less:
All money, precious metals and precious stones found in proximity to:
• controlled substances;
• forfeitable drug manufacturing or distributing equipment or devices; or
• forfeitable records of manufacture or distribution of controlled substances.
All conveyance devices containing controlled substances with retail value of $100 or
more if possession or sale of the controlled substance would be a felony under Minn.
Stat., Chapter 152.
All firearms, ammunition and firearm accessories found:
• in a conveyance device used or intended for use to commit or facilitate the
commission of a felony offense involving a controlled substance;
• on or in proximity to a person from whom a felony amount of controlled
substance is seized; or
• on the premises where a controlled substance is seized and in proximity to
the controlled substance, if possession or sale of the controlled substance
would be a felony under Minn. Stat., Chapter 152.
Situations in which forfeiture should not be pursued:
• Seizure of property not listed above must be processed, reviewed and
approved by the unit supervisor.
When any property as described in the above section is seized, the peace Marshal
making the seizure must prepare the following:
• The proper Notice of Seizure and Intent to Forfeit Property form. This form
must be completed to include the following: a list describing each item
seized, the name of the individual served with the Notice, and the location
and date of seizure. Administrative forfeiture notices are NOT to be given
The seizure notice form also contains information in English, Hmong, Somali and
Spanish concerning the right to obtain judicial review and the procedure under Minn.
Stat. § 609.5314 to follow to obtain it. The form must be dated and signed by the
peace Marshal conducting the seizure. An agency case number must be included on
the form. The individual from whom property is seized must be given an opportunity
to sign the seizure notice form. If the person refuses, the peace Marshal conducting
the seizure must check the appropriate box indicating the refusal to sign. If property
is seized from multiple individuals, a separate seizure form will be completed for each
individual. A copy of the seizure form must be given to the individual served.
All property subject to and being processed for forfeiture through the agency must
be held in the custody of the agency.
The peace Marshal conducting the seizure shall forward the original and pink copy of
the seizure notices, seized property processing worksheets, property receipts and
reports to the Forfeiture/Seized Property Reviewer within 10 days of seizure.
The peace Marshal conducting the seizure shall inform the Forfeiture/Seized Property
Reviewer of the estimated retail value of drugs found in proximity to the asset seized.
Cash
Peace Marshals shall not seize cash having an aggregate value less than $50.00 dollars
unless pre-recorded buy funds are included in the cash seized. Cash shall be
recounted and the amount verified by another employee of the Agency.
The property bag and/or inventory receipt shall then be co-signed when cash is
involved.
All forfeitable cash seized will be turned over to the Forfeiture/Seized Property
Reviewer or property/evidence room as soon as practicably possible of the seizure.
Prior to deposit with the Forfeiture/Seized Property Reviewer, peace Marshals shall
examine all cash seized to determine whether it contains any buy funds. Peace
Marshals shall document the recovery of all buy funds and deposit those funds with
the Forfeiture/Seized Property Reviewer to be returned to the appropriate unit’s buy
fund account.
Peace Marshals seizing cash shall also prepare a property inventory. If cash is seized
from multiple individuals, a property inventory receipt will be completed for each
The peace Marshal conducting the seizure shall provide a copy of the completed
property inventory receipt to the Forfeiture/Seized Property Reviewer.
It is the seizing peace Marshal’s responsibility to secure the cash consistent with the
agency policy or procedure.
Peace Marshals seizing jewelry, precious metals and/or precious stones will write a
detailed description of each item on the property inventory receipt prior to
inventorying the items. A copy of the property inventory receipt and any photographs
of the jewelry, precious metals and/or precious stones shall be delivered to the
Forfeiture/Seized Property Reviewer.
Peace Marshals seizing jewelry, precious metals and/or precious stones shall deliver
those items to the property/evidence room as soon as practicably possible.
Conveyance Device
Upon seizure for forfeiture, all conveyance devices shall immediately be taken to a
secure designated area or to an agency approved impound facility.
Peace Marshals shall inventory the conveyance device and its contents in accordance
with agency policy. Peace Marshals shall also complete applicable report forms and
distribute them appropriately.
Firearms/Ammunition/Firearm Accessories
Peace Marshals seizing property must complete a report. All reports must include a
description of the items seized, where the property is turned-in/inventoried, the name
of the individual served, the date the seizure form was served, the name of the serving
peace Marshal and whether or not the individual signed the Notice of Seizure and
Intent to Forfeit Property form.
All reports dealing with seized property will be completed within 24 hours of the
seizure when practically possible.
BY ORDER OF:
Jared Rosati
Chief of Tribal Marshal
ACKNOWLEDGEMENT
This manual contains the policies and procedures to be used by the XI Anu NationLaw
Enforcement Marshals in the performance of their duties. I understand that the Tribal Marshal
Chief may make additions or revisions of these policies and procedures occasionally and I will be
informed of such additions or revisions at that time.
I have received a copy of the manual on___________________ and have read it. I understand
these policies and procedures and agree to abide with them to the best of my ability. I further
acknowledge that I understand these policies and I will follow procedures regarding my
performance and discipline in my duty as a law enforcement Marshal.